Boyle v. Carter
Illinois Supreme Court
On the 7th of August, A. D. 1859, appellee sued out of the office of the clerk of Rock Island Circuit Court his writ of summons in assumpsit against the appellants, returnable to the September term, 1859, of said court; damages, one thousand dollars. The appellee filed his declaration, containing two counts.
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On the 7th of August, A. D. 1859, appellee sued out of the office of the clerk of Rock Island Circuit Court his writ of summons in assumpsit against the appellants, returnable to the September term, 1859, of said court; damages, one thousand dollars. The appellee filed his declaration, containing two counts. The first on a promissory note, as follows, to wit: “ For that the defendants, on the 11th day of February, in the year of our Lord one thousand eight hundred and fifty-eight, at Rock Island, to wit, at the county and State aforesaid, by their promissory note of that date, for value…
1Opinion of the CourtBreese, J.
We think, filing the note on which the suit was brought, counting upon it, and adding the common counts, is a compliance with the eighth section of the Practice Act,. (Scates’ Comp. 253.) It fully notifies the party what he is called upon to defend against.
Whether the note is correctly described or not, is a question, of fact to be brought out on the trial, and can have nothing to-do with a motion to continue the cause.
It is an established rule of practice and of law, that a prom-issory note may be given in evidence under the money counts, as in this case, and a recovery had.
The court erred,…
2Cited by2 opinions
- Straus v. Citizens State BankAppellate Court of Illinois · 1911
- Telfer v. Hoskins, Heiskell & Co.Illinois Supreme Court · 1863