Legal Opinion

Lee v. Mendel

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 5 opinions

Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit, brought in the court below by Edward Mendel against J. Lewis Lee and Charles W. Clayton, upon an alleged guaranty of the following promissory note: “$2,667.47. “Chicago, January 2,1862. “ Six months after date I promise to pay to Edward Mendel or bearer twenty-six hundred, sixty-seven 47-100 dollars, for value received, with interest at six per cent.

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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of assumpsit, brought in the court below by Edward Mendel against J. Lewis Lee and Charles W. Clayton, upon an alleged guaranty of the following promissory note: “$2,667.47. “Chicago, January 2,1862. “ Six months after date I promise to pay to Edward Mendel or bearer twenty-six hundred, sixty-seven 47-100 dollars, for value received, with interest at six per cent. “(Signed) P. B. ROBERTS.” Upon the back of this note, appears: “ J. Lewis Lee, “ C. W. Clayton. The declaration contained…

1Opinion of the CourtJustice Lawrence

When a defendant who is sued as the maker of a written contract, does not file a plea denying its execution under oath, and on the trial the contract described in the declaration is offered in evidence, with the Christian name of the defendant, signed only by its initial letter, it is admissible even without an averment in the declaration that the defendant signed by the initial of his Christian name. In such a case there is no variance between the instrument offered in evidence and the declaration unless the declaration contains descriptive averments. Speer v. Craig, 22 Ill. 433; Pickney v.…

2Cases cited2 opinions

  1. Neteler v. CuliesIllinois Supreme Court · 1856
  2. Speer v. CraigIllinois Supreme Court · 1859

3Cited by5 opinions

  1. Illinois Central Railroad v. HasenwinkleIllinois Supreme Court · 1908
  2. Claflin v. City of ChicagoIllinois Supreme Court · 1899
  3. Edgerton v. PrestonAppellate Court of Illinois · 1884
  4. Bellinger v. DevineIllinois Supreme Court · 1915
  5. People v. ReillyAppellate Court of Illinois · 1912

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