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29 Ill. 104

Hoyt v. Jaffray

Illinois Supreme Court

Decided April 15, 1862

Illinois Supreme Court · decided 1862-04-15

This was a declaration, in assumpsit upon the following instrument of writing, called a promissory note: §1,139.92. New York, March 30, 1861. Six months after date, I promise to pay to the order of Messrs. J. R. Jaffray & Sons, eleven hundred thirty-nine and 92-100 dollars, value received, at W. H. Miller’s Bank, Aurora, 111., with current rate of ex. on N. Y. C. L. HOYT. Declaration was in usual form, and contained common counts. The general issue only was pleaded.

Relies on Lowe v. Bliss · Bilderback v. Burlingame

Cited in Bouvier (1914)’s definition of “Value Received”

Good law ✅— No negative treatment on recordhow we know

Decided 1862-04-15

How this case has been cited

Cited by 5 later decisions — most recently May 1979

5 state decisions

30186218701880189019001910192019301940195019601970decided

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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Walker, J.

¶1This was an actitin of assumpsit, on an instrument for the payment of $1,13.9.92, payable in six months, with current rate of exchange on E w York. It was payable at Miller’s Bank, at Aurora, Illinois, to the order of defendants in error, and expresses on its face, to have been given for value received. The point relied upon to reverse the judgment of the court below, is, that there was no evidence beyond the note itself, of a consideration, to support the averment of the declaration. In support of this position, the case of Lowe v. Bliss, 24 Ill. 168, is referred to as authority. In that case, the rule contended for was announced ; but in subsequent cases, it has been overruled. Bilderback v. Burlingame, 27 Ill. 338, and Hill v. Todd, ante, 101. The words “ value received ” render further proof unnecessary, unless its failure is put in issue by plea. The court below decided correctly in rendering judgment, on the evidence, and it must be affirmed.

¶2Judgment affirmed.

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