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24 Ill. 49

Boyle v. Carter

Illinois Supreme Court

Decided April 15, 1860

Illinois Supreme Court · decided 1860-04-15

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.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-04-15

How this case has been cited

Cited by 3 later decisions — most recently April 1926

3 state decisions

101860187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1We 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.

¶2Whether 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.

¶3It 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.

¶4The court erred, however, in calculating interest upon the-note from its date, when it should have been calculated from its maturity, it being made payable six months after date. For this error the judgment must be reversed. As we have the data before us, on which to make up a correct judgment, we will not remand the cause, but enter judgment here for the amount really due, which we find to be, to this date, six hundred and thirty-one dollars and forty-nine cents. The appellants will recover the costs.

¶5Judgment affirmed.

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