Smith v. Finch
Illinois Supreme Court
This was an action-of assumpsit originally brought in the Municipal Court of the city of Alton, by the appellee against the appellant. The declaration contains three counts. The defendant below demurred to the first and second, and the demurrer was sustained. Issue was joined on the third, which avers, that Smith, the appellant, being the holder and payee of the following promissory note, to wit, “ 280 Dollars.
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This was an action-of assumpsit originally brought in the Municipal Court of the city of Alton, by the appellee against the appellant. The declaration contains three counts. The defendant below demurred to the first and second, and the demurrer was sustained. Issue was joined on the third, which avers, that Smith, the appellant, being the holder and payee of the following promissory note, to wit, “ 280 Dollars. Jllton, March 14th, 1837. “ Nine months after date, I promise to pay, to the order of Robert Smith, two hundred and eighty dollars, for value received, negotiable and payable at the…
1Opinion of the CourtSmith, Justice
We can perceive no sufficient grounds for reversing the judgment in this case.
The endorsement of the note, and the parol guarantee to pay it to Finch, in case it could not be collected off of the maker, is clearly established by evidence ; and the inability to collect the amount from the maker of the note, is shown by the record of the judgment, and the execution with the sheriff’s return.
This evidence is also fortified by the testimony of Willard, the maker, whose evidence was admitted without objection, and who deposed, that he had assigned his property to pay his debts, on the 24th of…
2Cases cited2 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Fitzhuch v. RunyonNew York Supreme Court · 1811
3Cited by2 opinions
- Brown v. JennettSupreme Court of Iowa · 1906
- Jewett Lumber Co. v. Martin Conroy Co.Supreme Court of Iowa · 1915