Rives v. Marrs
Illinois Supreme Court
Marrs sued Rives in the Edgar Circuit Court, as the indorser of a bill of exchange, of which he (Marrs) was the holder. The declaration contains two special counts, and a common count upon an account stated. The first special count alleges the making of the bill of exchange to one Curtis, directed to one Dickerson, payable to one Bartholomew Whalen, six months after date, at the Edgar County Bank ; and that Rives indorsed the bill.
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Marrs sued Rives in the Edgar Circuit Court, as the indorser of a bill of exchange, of which he (Marrs) was the holder. The declaration contains two special counts, and a common count upon an account stated. The first special count alleges the making of the bill of exchange to one Curtis, directed to one Dickerson, payable to one Bartholomew Whalen, six months after date, at the Edgar County Bank ; and that Rives indorsed the bill. That the bill was delivered to Bartholomew Whalen, and by him indorsed to the plaintiff. The count further avers presentation of the bill at the bank at maturity,…
1Opinion of the CourtWalker, J.
This was an action of assumpsit, by the holder of a bill of exchange against his immediate indorser. The payee of the bill is described in the declaration as Bartholomew Whalen, and the bill read in evidence is drawn in favor of Bart Whalen. The question then presented is, whether this was such a variance as should have excluded it. In the case of Ducommmn v. Hysinger, 14 Ill. 249, this court held that Barent and Barnard were not the same names; and in the case of Scholes v. Ackerland, 13 Ill. 650, it was held that Seymour was not the same name as Seigmúnd. There would seem to be at least as…
2Cases cited2 opinions
- Ducommun v. HysingerIllinois Supreme Court · 1852
- Scholes v. AckerlandIllinois Supreme Court · 1852
3Cited by1 opinion
- Bolding v. PowersAppellate Court of Illinois · 1885