Griffith v. Furry
Illinois Supreme Court
Summons sued out, September 23, 1861, from Hancock Circuit Court, in the usual form, against Nicholas C. Griffith, and Andrew J. Griffith, which was returned served on Andrew J. Griffith, and non est inventus as to Nicholas C. Leave obtained to file an amended declaration, which is in assumpsit on a promissory note, and recites as follows : “ That whereas the said defendants heretofore, to wit, on the ninth day of October, A. D. 1857, at the county aforesaid, made their…
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Summons sued out, September 23, 1861, from Hancock Circuit Court, in the usual form, against Nicholas C. Griffith, and Andrew J. Griffith, which was returned served on Andrew J. Griffith, and non est inventus as to Nicholas C. Leave obtained to file an amended declaration, which is in assumpsit on a promissory note, and recites as follows : “ That whereas the said defendants heretofore, to wit, on the ninth day of October, A. D. 1857, at the county aforesaid, made their certain promissory note in writing of that date, and then and there delivered the same to the said plaintiff, in and by…
1Opinion of the CourtWalker, J.
The note sued upon was excluded under the special count, because of a variance. Its execution by the defendant served with process, was proved, and it was read in evidence, under the common counts, to which exceptions were taken. Judgment was rendered in favor of the plaintiff, from which defendant appeals, and assigns for error the admission of the note in evidence, without proof of its execution by both defendants.
The note was properly rejected, under the special count. It described a note, drawing ten per cent, interest, whilst that produced and offered in evidence drew but six. The…
2Cited by14 opinions
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