Speer v. Craig
Illinois Supreme Court
Assumpsit upon a promissory note, made October 10,1857, by Samuel A. Hatch and Thomas Speer, for $813.48, payable to John Craig. Indorsed to R. S. Craig. The declaration is filed in the name of R. Solon Craig. Plea non-assumpsit, and sworn to. In the descriptive allegation relating to the indorsement, it is simply stated that John Craig indorsed the note to the plaintiff. Errors assigned: The court erred in admitting the note and indorsement in evidence.
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Assumpsit upon a promissory note, made October 10,1857, by Samuel A. Hatch and Thomas Speer, for $813.48, payable to John Craig. Indorsed to R. S. Craig. The declaration is filed in the name of R. Solon Craig. Plea non-assumpsit, and sworn to. In the descriptive allegation relating to the indorsement, it is simply stated that John Craig indorsed the note to the plaintiff. Errors assigned: The court erred in admitting the note and indorsement in evidence. The court erred in not excluding the note and indorsement from the jury.
1Opinion of the CourtCaton, C. J.
The declaration in this case is by R. Solon Craig as plaintiff against Hatch and Speer. Speer alone was served with process and pleaded non-assumpsit. The declaration avers that the defendants made their note, giving date and amount and when payable, by which they promised to pay to the order of John Craig, etc., and that afterwards the payee indorsed the note to the plaintiff. Upon the trial, the note as described was introduced in evidence and the indorsement by the payee, as follows: “ For value received I transfer the within note to R. S. Craig,” and it is objected that this was a…
2Cited by2 opinions
- Lee v. MendelIllinois Supreme Court · 1866
- Petty v. PeopleAppellate Court of Illinois · 1886