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27 Ill. 514

Wright v. Curtis

Illinois Supreme Court

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

This was an action of assumpsit, brought to the Iroquois Circuit Court, where a judgment was rendered, in favor of the plaintiffs below, the appellees, on this note: “ $155.00. New York, October 17, 1860. “ Six months after date, I, the subscriber, of Middleport, County of Iroquois, State of Illinois, promise to pay to the order of Curtis & Baker, one hundred fifty-five dollars, at their office in New York, value received. “JOHN F. WRIGHT.” The defendant below appealed.

Decided 1862-04-15

Walker, J.

¶1Appellees declared in the names of Edwin Curtis and Joseph Baker. The note produced and read in evidence, was payable to “ Curtis & Baker.” The declaration contained no averment, that plaintiffs were partners, and the note was payable to them as such, nor that it was made to them in any other joint character. When the note was produced, it did not purport to be payable to Edwin Curtis and Joseph Baker. There was, however, an averment that the note was made payable to plaintiffs by the name and style of “ Curtis & Baker,”' and when it was produced, it fully sustained the averment. There was no variance, and the judgment of the court below is affirmed.

¶2Judgment affirmed.

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