Chadsey v. McCreery
Illinois Supreme Court
At the October term of the Schuyler Circuit Court, appellant commenced an action of assumpsit against appellee, on a promissory note payable to James G. McCreery, treasurer of the Rock Island and Alton Railroad Company, the declaration containing special and common counts.
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At the October term of the Schuyler Circuit Court, appellant commenced an action of assumpsit against appellee, on a promissory note payable to James G. McCreery, treasurer of the Rock Island and Alton Railroad Company, the declaration containing special and common counts. Defendant filed four pleas; the first as follows : “ And the said defendant comes and defends the wrong, etc., and says, plaintiff actio non, because he says that the several causes of action in the said plaintiff’s declaration contained, are one and the same cause of action, to wit, the cause of action specified in the…
1Opinion of the CourtBreese, J.
This suit was not brought by a corporation, and consequently, no question of misnomer of a corporation can arise. The note is made payable to the appellee, who is described to be the treasurer of the Rock Island and Alton Railroad Company. It is mere description of the person, and if erroneous, cannot vitiate. The fact appears to be, that the true name of the railroad company is Alton and Rock Island. The transposition can be of no manner of consequence in this suit. There can be no doubt what road was meant of which the appellee was the treasurer. In 1 Kyd. 237, it is said, as the name of a…
2Cited by16 opinions
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