Streeter v. Streeter
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Slblet, Judge, presiding. This was an action of assumpsit, brought by the appellee, in the court below, against the appellant, upon two promissory notes, one for the sum of $50 and the other for $100. The cause was tried before a jury, who rendered a verdict for $169.20 against the defendant, upon which judgment was rendered ; whereupon, an appeal was taken to this court.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Slblet, Judge, presiding. This was an action of assumpsit, brought by the appellee, in the court below, against the appellant, upon two promissory notes, one for the sum of $50 and the other for $100. The cause was tried before a jury, who rendered a verdict for $169.20 against the defendant, upon which judgment was rendered ; whereupon, an appeal was taken to this court. The facts necessary to an understanding of the questions presented for decision here, are stated in the opinion.
1Opinion of the CourtJustice Breese
The questions presented by this record are, first, as to the refusal of the court to exclude the note for one hundred dollars, offered in evidence by the plaintiff, on the -ground of variance. The note is described in the declaration as bearing date April 6, 1864, and the one offered in evidence, and admitted against the objection of the defendant, bore date September 6, 1864.
That this is a substantial variance, cannot be questioned. The date of a note is matter of essential description, and must be precisely proved. Spangler v. Pugh, 21 Ill. 85.
The appellee insists, that this question of…
2Cases cited5 opinions
- Stow v. YarwoodIllinois Supreme Court · 1853
- Christy v. Ogle's ExecutorsIllinois Supreme Court · 1864
- Ohio & Mississippi Railroad v. IrvinIllinois Supreme Court · 1862
- Lunn v. GageIllinois Supreme Court · 1865
- Spangler v. PughIllinois Supreme Court · 1859
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