Swift & Co. v. Dollahan

Mr. Presiding Justice Reynolds

delivered the opinion of the court.

This is an action at law to recover for money loaned and claimed to be due. The complaint consisted of two counts, not expressly stated to be in the alternative. In Count I plaintiff sought recovery upon a written instrument, attached to the complaint as an exhibit and incorporated in Count I, purporting on its face to be a promissory note of defendants dated January 9, 1951 in the sum of $2,050, payable to the order of plaintiff and bearing interest at the rate of 6% per annum. Count II erroneously described in plaintiff’s…