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51 Ill. App. 399

Steinfeld v. Taylor

Appellate Court of Illinois

Decided January 11, 1894

Appellate Court of Illinois · decided 1894-01-11

<p>1. Parties Litigant—To Sue in Their Right Names.—By whatever name a person may contract, he may, notwithstanding, sue and be sued by his right name.</p> <p>2. Promissory Notes—Control of Indorsements.—The .payee of a promissory note, having the same in his possession, is presumed to be tin-owner of it and has the control over it. He may strike out indorsements upon it.</p> <p>3. Objections to Record—On Rehearing.—Objections to the record can not be made for the first time upon a petition for rehearing.</p>

Cited by 1 later decisions — most recently January 1939

1 state decisions

Relies on Curtiss v. Martin · Porter v. Cushman · Best v. Nokomis National Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1894-01-11

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Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2Appellant brought suit in his own ¿ame for a note reading as follows:

¶3“ $090. Chicago, Nov. 15, 1892.

¶4Four months after date I promise to pay to the order of Wm. M. Taylor Mantel & Grate Co. six hundred and ninety dollars, payable at the Metropolitan National Bank, value received, with interest at 6 per cent per annum.

¶5Louis E. Steinfeld.”

¶6Indorsement upon said note: “Pay to the order of the American Exchange National Bank, Chicago.

¶7Wm. M. Taylor Mantel «fe Grate Go.

¶8Wm. M. Taylor, Prop.”

¶9Amasa Jones testified that there was due for principal and interest on said note $114.15.

¶10The Court: Q. What relationship does William M. Taylor bear to the William M. Taylor Mantel & Grate Co., and is he interested in the business %

¶11"Witness, Amasa Jones: A. William M. Taylor is doing business under the name of William M. Taylor Mantel & Grate Co., and is the sole proprietor of said business.

¶12There was judgment for Wm. M. Taylor from which appellant appeals.

¶13By whatever name one may contract, he may sue and be sued by his right name.

¶14The testimony of Amasa Jones showed to whom the note really ran. The indorsement to the American National Bank was one which the plaintiff, having the note in his possession, was at liberty to strike out; the note being payable to him and in his possession, is presumed to belong to him and he has control over it. Brinkley v. Going, Breese, 366; Porter v. Cushman, 19 Ill. 574; Best v. Nokomis Nat. Bank, 76 Ill. 610; Curtis v. Martin, 20 Ill. 557; Daniel on Neg. Instruments, Vol. 456, 638, 662.

¶15The judgment of the Circuit Court is affirmed.

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