Petrie v. Newell
Illinois Supreme Court
Newell commenced this action in assumpsit against twenty-six defendants, returnable at the McHenry Circuit Court. The declaration counts specially upon two promissory notes, which were assigned to the plaintiff. The notes are as follows : “ Woodstock, January 15,1847. “ One day after date, for value received, the McHenry County Printing Co. promise to pay to James Hutchins, or order, one hundred and two and jf0 dollars with interest. J. Dwight, Treas.
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Newell commenced this action in assumpsit against twenty-six defendants, returnable at the McHenry Circuit Court. The declaration counts specially upon two promissory notes, which were assigned to the plaintiff. The notes are as follows : “ Woodstock, January 15,1847. “ One day after date, for value received, the McHenry County Printing Co. promise to pay to James Hutchins, or order, one hundred and two and jf0 dollars with interest. J. Dwight, Treas. “ Woodstock, June 1, 1846. “ $111.52. For value received of James Hutchins, we promise to pay to him or his order one hundred and eleven…
1Opinion of the Court
Catón, J.
There are three counts in this declaration. The first two are on two promissory notes, and the third is on an account stated. Upon the trial, the plaintiff offered the notes in evidence under the special counts, when they were rejected by the court. He then offered them under the count, on an account stated, when they were admitted; and there being no further evidence, a verdict was found by the court in favor of the plaintiff for the amount of the notes, to which the defendant excepted. This exception was well taken. Conceding that there was no error in admitting the notes in…
2Cited by1 opinion
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