Porter v. Cushman
Illinois Supreme Court
APPEAL FROM LA SALLE COUNTY COURT. This action was in assumpsit, and brought into the County Court of La Salle county, by plaiutiff below against defendants below, to recover damages for the non-payment of a note executed by defendants in favor of L. De Puy, or order. Defendants plead the general issue, and special plea denying indorsement of note. Trial by jury and verdict for plaintiff.
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APPEAL FROM LA SALLE COUNTY COURT. This action was in assumpsit, and brought into the County Court of La Salle county, by plaiutiff below against defendants below, to recover damages for the non-payment of a note executed by defendants in favor of L. De Puy, or order. Defendants plead the general issue, and special plea denying indorsement of note. Trial by jury and verdict for plaintiff. Motions for new trial and in arrest of judgment made by defendants and overruled by court. Judgment rendered for plaintiff. Bill of exceptions as follows : Be it remembered, that on this 6th day of March, A.…
1Opinion of the Court
Catón, C. J.
This was an action brought by Maria Cushman against the appellants, upon a promissory note made by them and payable to the order of De Puy, and by him specially indorsed to James Strain, and no indorsement by Strain, either to the plaintiff below or in blank. On the trial, the court permitted Cushman to strike out the name of Strain, and insert her own as indorsee, and this is assigned for error. In this, we think the court erred. In actions upon commercial paper, that is, upon bills of exchange and promissory notes, courts of law have, as far as possible, adapted their rules of…
2Cited by11 opinions
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Clauser v. StoneIllinois Supreme Court · 1862
- Burnap v. CookIllinois Supreme Court · 1863
- Collins v. OgdenIllinois Supreme Court · 1926
- Rodriguez v. MerrimanAppellate Court of Illinois · 1908
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