Clauser v. Stone
Illinois Supreme Court
This was an action of assumpsit, brought on a promissory note by the appellee, who was plaintiff below, against the appellants, who were defendants below, and tried before Harriott, Judge, without the intervention of a jury, at the September term, 1861. ' The declaration contained a special count on this promissory note: $405.04. Boston, Dec. 9th, 1859. Six months after date, we, the subscribers, of Pekin, county of Tazewell and State of Illinois, promise to pay to the order…
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This was an action of assumpsit, brought on a promissory note by the appellee, who was plaintiff below, against the appellants, who were defendants below, and tried before Harriott, Judge, without the intervention of a jury, at the September term, 1861. ' The declaration contained a special count on this promissory note: $405.04. Boston, Dec. 9th, 1859. Six months after date, we, the subscribers, of Pekin, county of Tazewell and State of Illinois, promise to pay to the order of B. L. Merrill & Co., with exchange, four hundred and five dollars four cents, value received, with six per ct.…
1Opinion of the CourtBreese, J.
The general rule is, unquestionably, as stated by the appellee’s counsel, that objections on the trial, to a paper or other evidence, must be specially pointed out, so that they may be obviated if possible. But this rule applies only to cases where the objection can be removed by evidence, or by the act of the party under the sanction of the court, or by the action of the court itself. Jackson v. Van Shaick et al., 5 Cowen, 123; Harmon v. Thornton, 2 Scam. 355.
The bill of exceptions in the case, shows the note declared on, was made payable to the order of B. L. Merrill & Co., and indorsed, “…
2Cases cited3 opinions
- Lowe v. BlissIllinois Supreme Court · 1860
- Dix v. Mercantile InsuranceIllinois Supreme Court · 1859
- Porter v. CushmanIllinois Supreme Court · 1858
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- Nicely v. Commercial BankIndiana Court of Appeals · 1896
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