Legal Opinion

Dunker v. Schlotfeldt

Appellate Court of Illinois

Decided December 12, 1893Published

Memorandum,—Assumpsit on promissory note assigned, and common ' counts. Pleas, general issue, statute of limitation, denial of the assignment of the note. Appeal from the County Court of Rock Island County; the Hon. Lucian Adams, Judge, presiding. Heard in this court at the May term, 1893.

1Opinion of the Court

Opinion of the Court,

Harkek, P. J.

This is an action of assumpsit by Mary Dunker, as executrix of the last will, etc., of Mary Schlotfeldt, deceased, against appellee. There are three counts in the declaration. First. A special count upon a promissory note executed by the defendant and J. H. Schlotfeldt, to one Henry Empke, and alleged to have been assigned by Empke to Mary Schlotfeldt. Second. A common count for money had and received. Third. A common count for money paid out for the defendant’s use at his request. A copy of the note sued on was filed, but there was no copy of an account…

2Cases cited1 opinion

  1. McCarthey v. MooneyIllinois Supreme Court · 1866

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