Ruppert v. Frauenknecht
Appellate Court of Illinois
Assumpsit. Error to the Municipal Court of Chicago; the Hon. Thomas B. Lantry, Judge, presiding.
1Opinion of the CourtJustice Baker
Although the instrument sued on is under seal, under our statute, the plaintiff may sue thereon in her own name. Dean v. Walker, 107 Ill. 540, 546. The instrument sued on is under seal and recites a consideration. The seal is presumptive evidence of a sufficient consideration to support the covenant to pay the plaintiff the amount defendant covenanted to pay to her, and the burden was on the defendant to show that there was no consideration therefor. Mills v. Larrance, 186 Ill. 635; McFarlane v. Williams, 107 id. 33.
The contention of plaintiff in error is, that Theresa Jaeger, then Theresa…
2Cases cited4 opinions
- Dean v. WalkerIllinois Supreme Court · 1882
- Mills v. LarranceIllinois Supreme Court · 1900
- Ragor v. KendallIllinois Supreme Court · 1873
- County Court v. People ex rel. Toledo, Wabash & Western Railway Co.Illinois Supreme Court · 1871
3Cited by1 opinion
- Cwik v. CondreAppellate Court of Illinois · 1955