Gormley v. Hartray
Appellate Court of Illinois
Assumpsit, upon a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge presiding.
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Assumpsit, upon a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge presiding. Heard in this court at the March term, 1902. This is a suit upon a promissory note, payable on demand, dated December 3, 1895, to the order of appellee for the sum of $100, with interest at six per cent, signed by J. W. Hartray & Co. In December, 1895, prior thereto and for a little time thereafter, appellant and one J. W. Hartray were in partnership under the foregoing name in the purchase and sale of lumber. Hartray managed the business and kept the firm books. The…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
First. Appellant says that this case has never been at issue because he alone was served; that his partner was not served in the justice court nor in the Circuit Court; nor was a summons issued for him in the latter court and returned “ Hot found,” as required by the statute. To sustain this contention appellant relies upon Sec. 30, Chap. 79, Hurd’s R. S. (1898), the material parts of which, as applicable to this case, we will hereinafter quote. This section was numbered 80 in the justice of the peace act as it stood prior to 1895.…
2Cases cited5 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Hunt v. DivineIllinois Supreme Court · 1865
- Ray v. BellIllinois Supreme Court · 1860
- Fabbri v. CunioAppellate Court of Illinois · 1878
- Stephens v. CrossIllinois Supreme Court · 1861
3Cited by2 opinions
- Elgin, Joliet & Eastern Railway Co. v. LawlorAppellate Court of Illinois · 1907
- Budd v. WagnerAppellate Court of Illinois · 1930