Armstrong v. Caldwell

Decided July 15, 1839

Illinois Supreme Court · decided 1839-07-15

This was an action of assumpsit on the following note: “Phila. Nov. 15, 1834. Four months after date, I promise to pay to the order of William Cook, one hundred and eighty dollars, at the Bank of Northumberland, for value received. $180,00 William Caldwell.” Assignment on the back—“ Pay William E. Armstrong, or order.” This cause was tried at the April term, 1838, of the La Salle Circuit Court, before the Hon. John Pearson.

Decided 1839-07-15

Per Curiam:

¶1The principles decided in the case of Butterfield v. Kinzie,(1) in this Court at the June term, 1838, are applicable to this case. There is no doubt that in an action against the maker by the payee or endorsee of a promissory note payable at a time and place specified in the note, it is not necessary either to aver in the declaration, or prove on the trial, that a demand was made in order to maintain the action.

¶2The judgment of the Court below is reversed, and judgment rendered in this Court for the amount of the no'te and interest.

¶3The clerk will compute the damages.

¶4Judgment reversed, and judgment rendered in this Court.

¶5 Ante 445.