Archer v. Claflin

Decided April 15, 1863

Illinois Supreme Court · decided 1863-04-15

Weit of Eeeoe to the Circuit Court of Henderson county; the Hon. JohN S„ ThompsoN, Judge, presiding. Claflin, Allen and Emmerson, the defendants in error, instituted an action of assumpsit in the court below, against the plaintiffs in error, declaring specially upon a promissory note. The principal features of the case, and the questions of law involved, are the same as in the preceding case; it is therefore unnecessary to repeat them here.

Decided 1863-04-15

Mr. Justioe Beeese

¶1delivered the opinion of the Court.

¶2This ease does not differ, in any essential particulars, from the preceding case. The objection, that there was a variance between the note described in the declaration, and the one on which the damages were assessed, has no foundation in fact.

¶3The copy of the note, it is true, bore the date of 1860, but the note itself was dated in 1856, and was so described in the declaration. And on such note the damages were assessed by the clerk.

¶4There is no error that we can discover in this record. The judgment must be affirmed.

¶5Judgment affirmed.