Mumford v. Tolman
Appellate Court of Illinois
Memorandum.&emdash;Motion to vacate judgment by confession. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding.
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Memorandum.&emdash;Motion to vacate judgment by confession. Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Copy of the note upon which judgment was entered: Chicago, Oct. 1, 1893. On demand, after date, for value received, I promise to pay to the order of myself, 08,500, with interest at the rate of seven per cent per annum, hiving deposited with the legal holder hereof, as collateral security, cer. tificate for 100 shares of the Chicago Trust and Savings Bank stock, and I liefeby give the said legal holder, his, her or their assign or assigns,…
1Opinion of the CourtJustice Waterman
It is insisted that there is a variance between the declaration and the note filed therewith, upon which the judgment was entered, because the note described in the declaration is payable on demand, -while the note upon which judgment was entered is payable on demand after date.
If this constitutes a variance it is not such an one as could be taken advantage of by motion after judgment; moreover, the error in this regard, if such there ivas, is one which is released by the release of errors. Hall v. Jones, 32 Ill. 38; Hall v. Hamilton, 74 Ill. 437; Frear v. Commercial National Bank, 73 Ill.…
2Cases cited11 opinions
- Hall v. HamiltonIllinois Supreme Court · 1874
- Hunt v. DivineIllinois Supreme Court · 1865
- McGinnis v. FernandesIllinois Supreme Court · 1888
- Hall v. JonesIllinois Supreme Court · 1863
- Heisen v. HeisenIllinois Supreme Court · 1893
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3Cited by3 opinions
- Brunswick v. HurleyAppellate Court of Illinois · 1907
- Commercial National Bank v. Consumers' Brewing Co.Court of Appeals for the D.C. Circuit · 1900
- First National Bank of New Paris v. RoyerAppellate Court of Illinois · 1933