Harmon v. Thornton
Illinois Supreme Court
This was an action of assumpsit instituted in the Municipal Court of the city of Chicago, by the appellee against the appellants, as assignors of the following promissory note: “ $ 2060/%. Chicago, August 23d, 1836. “ Twelve months from date, we promise to pay to the order of Harmon & Loomis, two thousand and sixty /% dollars, at the Branch of the State Bank of Illinois in Chicago, for value received. “ Raynor &t Dorwin.”
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This was an action of assumpsit instituted in the Municipal Court of the city of Chicago, by the appellee against the appellants, as assignors of the following promissory note: “ $ 2060/%. Chicago, August 23d, 1836. “ Twelve months from date, we promise to pay to the order of Harmon & Loomis, two thousand and sixty /% dollars, at the Branch of the State Bank of Illinois in Chicago, for value received. “ Raynor &t Dorwin.” Upon the back of which note, there were the following endorsements : “ Harmon & Loomis.” “ A. Clybourne.” The cause was tried at the September term, 1838, before the Hon.…
1Opinion of the CourtLockwood, Justice
This was an action of assumpsit commenced by Thornton, as assignee of a promissory note, against Harmon & Loomis, as assignors.
The declaration contains ten counts. The third count, after setting out the note and assignment by Harmon & Loomis to Thornton, avers, that when said note became due and payable, the makers were insolvent, and unable to pay said note, or any part thereof, and were, and still are, insolvent, and that the institution of a suit on said note, against the makers, would have been unavailing.
The defendants pleaded non assumpsit to the tenth count, and demurred to the first…
2Cases cited7 opinions
- Raines v. Philips ex'or.Supreme Court of Virginia · 1829
- Hairston v. ColeSupreme Court of Virginia · 1823
- Norton v. Doe ex dem. SandersCourt of Appeals of Kentucky · 1833
- Reno v. CraneIndiana Supreme Court · 1829
- Frazier v. HarvieCourt of Appeals of Kentucky · 1822
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