Dorsey v. Wolff
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Macoupin county; the Hon. Jesse J. Phillips, Judge, presiding.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Macoupin county; the Hon. Jesse J. Phillips, Judge, presiding. This is an action of assumpsit, begun in the Circuit Court of Macoupin County on May 16, 1889, by Marcus A. Wolff against the appellant, -Dorsey, to recover, as attorney’s fees, the sum of ten per cent upon the amount found to be due upon the promissory notes hereinafter mentioned in a suit theretofore brought upon said notes. The defendant demurred to the declaration. The demurrer was overruled. The defendant excepted…
1Opinion of the CourtJustice Magbudeb
The main question presented by the assignments of error is whether or not the notes described in the declaration are negotiable instruments. It is claimed by the appellant, that the notes were made non-negotiable by the insertion therein of the written promise of the maker, that, if they were not paid when due and suit was brought thereon, he would pay ten per cent on the amount due thereon in addition, as an attorney’s fee, and to be recovered as a'part of the notes, or by separate suit; that the endorsements by the payee did not confer the right upon the endorsee to bring suit in his own…
2Cases cited16 opinions
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Sperry v. HorrSupreme Court of Iowa · 1871
- Stoneman v. PyleIndiana Supreme Court · 1871
- Lowe v. BlissIllinois Supreme Court · 1860
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3Cited by25 opinions
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
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- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Hunter v. ClarkeIllinois Supreme Court · 1900
- Merchants' Bank v. ThomasCourt of Appeals for the Fifth Circuit · 1903
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