Gilpatrick v. Foster
Illinois Supreme Court
This was an action originally commenced before a justice of the peace. From his decision, an appeal was taken to the Circuit Court of Jo Davies, and came on for trial, without the intervention of-a jury, before Sheldon, Judge, at the March term, 1850, of said Court. An issue was found for appellant, and a judgment was rendered against Foster, for the sum of thirty-three dollars, and seventy-three cents. A motion for a new trial was overruled.
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This was an action originally commenced before a justice of the peace. From his decision, an appeal was taken to the Circuit Court of Jo Davies, and came on for trial, without the intervention of-a jury, before Sheldon, Judge, at the March term, 1850, of said Court. An issue was found for appellant, and a judgment was rendered against Foster, for the sum of thirty-three dollars, and seventy-three cents. A motion for a new trial was overruled. The bill of exceptions shows a note executed by Foster to Gilpatrick, as follows: “ one day after date I promise to pay John F. Gilpatrick or bearer,…
1Opinion of the CourtTrumbull, J.
This was an action originally commenced before a justice of the peace, on a promissory note for ninety - seven dollars and seventeen cents. The only question in the case arises out of an endorsement on the back of the note which is as follows: “August the 4th, 1848. Received on the within, 50” There is no dot or mark of any kind either before or after the “50” to determine whether it means fifty dollars, fifty cents, or fifty something else.
There were some other credits upon the note, but not in any manner connected with the one in question, so as to afford the least clue to its meaning. The…
2Cases cited1 opinion
- Wainwright v. StrawSupreme Court of Vermont · 1843
3Cited by2 opinions
- Booz v. Philadelphia & L. Transp. Co.U.S. Circuit Court for the District of Delaware · 1903
- Brown v. HurdIllinois Supreme Court · 1866