Davis v. Cleghorn
Illinois Supreme Court
This was an action on a note of hand, made by Amos Davis, payable to one I. Davis, or bearer, for $480, with interest at ten per cent., dated 16th May, 1857, payable 1st January, 1858, and avers that “ said I. Davis then and there indorsed the same to the said plaintiffs.”
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This was an action on a note of hand, made by Amos Davis, payable to one I. Davis, or bearer, for $480, with interest at ten per cent., dated 16th May, 1857, payable 1st January, 1858, and avers that “ said I. Davis then and there indorsed the same to the said plaintiffs.” Amos Davis filed the following plea in said cause: And, for a further plea in this behalf, the said defendant says actio non, because he says that the said promissory note sued on in this cause was not indorsed by the said payee thereof, as by the plaintiffs’ said declaration is above supposed; and this he is ready to…
1Opinion of the CourtWalker, J.
This was an action of assumpsit, instituted on a promissory note. The declaration contained a special count only, to which the defendant filed a plea, by which the assignment of the note was denied, and to which this affidavit was annexed: “ G. Edmunds, Jr., attorney for the defendant, being duly sworn, says that the signature ‘ I. Davis’ to the indorsement on the back of said note sued on in this cause, is not in the handwriting of said I. Davis.” On the trial of the cause, the plaintiff read in evidence, the note and' indorsement, to which the defendant excepted. This then presents the…
2Cited by3 opinions
- Atlas Assurance Co. v. KettlesSupreme Court of Georgia · 1915
- Weber Implement Co. v. HuthmacherAppellate Court of Illinois · 1911
- Donnell v. McDonaldAppellate Court of Illinois · 1890