Legal Opinion

Riley v. Dickens

Illinois Supreme Court

Decided November 15, 1857PublishedCited by 10 opinions

ERROR TO MARION. This was an action of assumpsit, brought to the Marion Circuit Court, by Samuel E. Dickens, as assignee of Joshua E. Dickens, against the present plaintiff in error, to recover the sum of one hundred and ten dollars, the amount of a promissory note, dated November 25th, 1854, and payable thirteen months from date. On the margin of the note were the following figures, “ $110 00.” The body of the note read for “ two hundred and ten rm dollars.”

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ERROR TO MARION. This was an action of assumpsit, brought to the Marion Circuit Court, by Samuel E. Dickens, as assignee of Joshua E. Dickens, against the present plaintiff in error, to recover the sum of one hundred and ten dollars, the amount of a promissory note, dated November 25th, 1854, and payable thirteen months from date. On the margin of the note were the following figures, “ $110 00.” The body of the note read for “ two hundred and ten rm dollars.” On the trial in the Circuit Court, the counsel for defendant, and plaintiff here, objected to the admission of the note offered in…

1Opinion of the Court

Catón, C. J.

It was for the court to decide, as a matter of law, what were the letters and figures used in the instrument offered in evidence, and the meaning to be attached to them, and whether the note varied from the one declared on. We have examined the original paper, and have no doubt that the court read and construed it properly, and rightly held, that it did not vary from the one declared on. The declaration is on a promissory note for one hundred and ten dollars, which is attempted to be set out only according to its legal effect. The note offered in evidence is, as the court read it,…

2Cases cited1 opinion

  1. Norwich Bank v. HydeSupreme Court of Connecticut · 1839

3Cited by10 opinions

  1. Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
  2. Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
  3. Corgan v. FrewIllinois Supreme Court · 1865
  4. Langdale v. PeopleIllinois Supreme Court · 1881
  5. Fourth National Bank v. OlneyMichigan Supreme Court · 1886

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