Legal Opinion

Curtiss v. Martin

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 32 opinions

This suit was commenced in the Circuit Court of Peoria county, on the 15th day of October, 1853, upon two bills of exchange, which are as follows : $4,000. Ho. 1275. Columbus, Ohio, September, 1st, 1847. Pour months after date, pay to the order of Messrs. Warrick Martin & Co., four thousand dollars 15T, value received, and charge the same to account of Tour Obdt. Servant, H. B. CURTISS.

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This suit was commenced in the Circuit Court of Peoria county, on the 15th day of October, 1853, upon two bills of exchange, which are as follows : $4,000. Ho. 1275. Columbus, Ohio, September, 1st, 1847. Pour months after date, pay to the order of Messrs. Warrick Martin & Co., four thousand dollars 15T, value received, and charge the same to account of Tour Obdt. Servant, H. B. CURTISS. To E. Platt, Esq., Cashr.' Leather Manufacturers’ Bank, Hew Tork. $5,000. Ho. 1276. Columbus, Ohio, Sept. 10th, 1847. Eour months after date, pay to the order, of Messrs. Warrick Martin & Co., five thousand…

1Opinion of the CourtWalker, J.

The first objection urged against this judgment, is the sustaining the plaintiff’s demurrer to the defendant’s plea to the fifth and sixth counts of the declaration. This plea traversed the allegations in these counts, that when the bill was drawn and at its maturity, defendant requested plaintiff not to present the same for acceptance and payment, and dispensed with and discharged the plaintiff from the presentment of the bill for acceptance and payment. The first plea filed, was a plea of nil debet to the'wliole declaration, which fully traversed every material allegation it contained. And…

2Cited by32 opinions

  1. Ostrander v. ScottIllinois Supreme Court · 1896
  2. Hartford Fire Insurance v. OlcottIllinois Supreme Court · 1881
  3. Martin v. MartinIllinois Supreme Court · 1898
  4. Hankins v. PeopleIllinois Supreme Court · 1883
  5. Beveridge v. Illinois Fuel Co.Illinois Supreme Court · 1918

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