Fitzgerald v. Lorenz
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This is an appeal from a judgment in favor of appellee, rendered in an action of assumpsit by appellee against appellant. The declaration, filed October 31, 1894, contains two special counts and the common counts.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This is an appeal from a judgment in favor of appellee, rendered in an action of assumpsit by appellee against appellant. The declaration, filed October 31, 1894, contains two special counts and the common counts. The first special count avers “that William Fitzgerald, on the first day of December, 1894, made his promissory note, bearing date the day and year aforesaid, and then and there delivered the said note to James…
1Per curiam
In deciding this case the Appellate Court delivered the following opinion:
“Appellant’s counsel contends that the variance between the original declaration and the notes put in evidence is fatal; that the court erred in permitting an amendment of the declaration; that the amendment was so made that it is impossible to determine in what part of the declaration it belongs; that it is not supported by the proof; that the court erred in ordering the plea of the general issue to stand as a plea to the amended declaration, and in overruling the demurrer to the amended declaration, etc., and that the…
2Cases cited6 opinions
- Crittenden v. FrenchIllinois Supreme Court · 1859
- Thompson v. HoaglandIllinois Supreme Court · 1872
- Williams v. BakerIllinois Supreme Court · 1873
- Knefel v. FlannerIllinois Supreme Court · 1897
- Gramer v. JoderIllinois Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Oberman v. Camden Fire InsuranceIllinois Supreme Court · 1924
- Cameron, Joyce & Co. v. McLouthCourt of Appeals for the Seventh Circuit · 1934