Legal Opinion

Laflin v. Sherman

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 5 opinions

This was an action of assumpsit, brought by the appellee against the appellant in the Superior Court of Chicago, upon the following promissory note, to wit: “$2,'700. Chicago, April 18th, 1860. “ One year after date, I promise to pay to the order of John H. Dunham, two thousand seven hundred dollars, at the banking office of the Merchants’ Savings, Loan and Trust Co., value received, with interest at ten per cent. MATTHEW LAFLIN.”

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This was an action of assumpsit, brought by the appellee against the appellant in the Superior Court of Chicago, upon the following promissory note, to wit: “$2,'700. Chicago, April 18th, 1860. “ One year after date, I promise to pay to the order of John H. Dunham, two thousand seven hundred dollars, at the banking office of the Merchants’ Savings, Loan and Trust Co., value received, with interest at ten per cent. MATTHEW LAFLIN.” Indorsed as follows, to wit: “ Without recourse to me. J. H. Dunham.” Declaration contained one special count and the common counts. Plea of general issue. Trial by…

1Opinion of the Court

Oatoít, O. J.

This note had been indorsed by the payee to the plaintiff for collection, and had been accepted by him for that purpose, and this action commenced. This made him as much the legal holder of the note as if he had paid for it and taken it exclusively for his own benefit. It is not error, then, that the indorsement was not filled up with the name of the plaintiff on the trial, when there was no objection made to it on that account, as was the case here, as appears from the record. Gillham v. State Bank, 2 Scam. 215.

This was widely different from the case of Moore v. Maple, 25 Ill.…

2Cited by5 opinions

  1. Henderson v. DavissonIllinois Supreme Court · 1895
  2. Burns v. Chicago & Alton RailroadAppellate Court of Illinois · 1923
  3. Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
  4. Waldock v. WinklerSupreme Court of Oklahoma · 1915
  5. Peoples Trust & Savings Bank v. SchmittAppellate Court of Illinois · 1937

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