Day v. Humphrey
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, by David E. Day against A. G. Humphrey and W. S. Hinckley, upon a promissory note. The opinion of the court states the facts of the case.
1Opinion of the CourtChief Justice Scott
This action is upon a promissory note, and the principal defense relied on is that the note was fully paid to the payee before it was assigned to plaintiff. We think the evidence sustains the finding, on the plea of payment.
The note was for $200, bears date July 24, 1870, was made payable to the cashier of the First National Bank of Gales-burg, was signed by A. G. Humphrey and W. S. Hinckley, defendants in this suit, and was payable four months after date. It is proven, Humphrey was principal and Hinckley surety on the note. About the time the note became due, Humphrey applied to plaintiff to…
2Cited by2 opinions
- Gill v. WaterhouseCourt of Appeals for the Ninth Circuit · 1917
- Lee v. FieldNew Mexico Supreme Court · 1898