Franey v. True
Illinois Supreme Court
This was a declaration on a note of §155, dated August 28, 1857, due one year after date, and made by plaintiff in error, and payable to ¡3. Bell, and indorsed by him. Copy of note and account, but no copy of indorsement was given with the declaration. Motion by defendant below for a continuance, for want of a copy of the indorsement on the note, overruled. General issue and joinder.
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This was a declaration on a note of §155, dated August 28, 1857, due one year after date, and made by plaintiff in error, and payable to ¡3. Bell, and indorsed by him. Copy of note and account, but no copy of indorsement was given with the declaration. Motion by defendant below for a continuance, for want of a copy of the indorsement on the note, overruled. General issue and joinder. Second plea, of entire failure of consideration; setting forth that the note was assigned after due; that Bell, the payee, was a manufacturer of reaping and mowing machines; that the only consideration of said…
1Opinion of the CourtCaton, C. J.
If we could take notice of the grounds relied upon for a continuance, we are inclined to, the opinion that the motion was properly overruled. The instrument itself upon which the action was brought, was correctly copied on the back of the declaration, and if the statute further required that a copy of the indorsement, which gave the plaintiff instead 'of the payee the right to sue, should also be given, that was truly given in the body of the declaration, which has been held to be sufficient. All there was of it was the name of the payee, and that was given in the appropriate connection in…
2Cited by6 opinions
- Star Brewery v. FarnsworthIllinois Supreme Court · 1898
- Schofield v. SettleyIllinois Supreme Court · 1863
- Byrne v. ClarkAppellate Court of Illinois · 1889
- Tindall v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1916
- Von Hermann v. BerryAppellate Court of Illinois · 1902
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