Legal Opinion

Gilmore v. Nowland

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 6 opinions

Nowland sued Gilmore and others on a note, which is as follows: §5,000. Peoria, January 12th, I860. Ninety days after date, we, or either of ns, promise to pay to the order of W. L. Ewing, five thousand dollars, for value received, payable at the banking house of L. Howell & Co., Peoria, with interest from date, at the rate of ten per centum per annum, until paid. JAMES GILMORE, Jb. WM. MoCULLOUGH. CYRUS JONES. NELSON JONES. Indorsed: “ Pay to L. Howell & Co., or order. Wm.

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Nowland sued Gilmore and others on a note, which is as follows: §5,000. Peoria, January 12th, I860. Ninety days after date, we, or either of ns, promise to pay to the order of W. L. Ewing, five thousand dollars, for value received, payable at the banking house of L. Howell & Co., Peoria, with interest from date, at the rate of ten per centum per annum, until paid. JAMES GILMORE, Jb. WM. MoCULLOUGH. CYRUS JONES. NELSON JONES. Indorsed: “ Pay to L. Howell & Co., or order. Wm. L. Ewing.” “Pay E. E. Nowland, without recourse on us. L. Howell & Co,” Suit was commenced July 80th, 1861, in…

1Opinion of the CourtWalker, J.

This was an action of assumpsit, instituted by appellee, against appellant and other defendants, in the Peoria Circuit Court. The defendants afterwards filed the general issue, a notice of set-off, and two special pleas, also a motion to quash the summons, and return. The general issue and notice appear first in the record, and next in-order are the special pleas, and lastly the motion to quash, and they were all filed and the motion entered on the same day. The court overruled the motion. The appellee then entered a motion to strike the special pleas from the files, which motion was…

2Cited by6 opinions

  1. Harris v. PearceAppellate Court of Illinois · 1880
  2. Powers v. Rutland RailroadSupreme Court of Vermont · 1910
  3. Wyatt v. DufreneAppellate Court of Illinois · 1903
  4. Dallinger v. RapelloU.S. Circuit Court for the District of Massachusetts · 1882
  5. Giddings v. McCumberAppellate Court of Illinois · 1894

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