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55 Ill. App. 249

Thompson v. Kimball

Appellate Court of Illinois

Decided November 12, 1894

Appellate Court of Illinois · decided 1894-11-12

Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Declaration on. promissory note; judgment by default; error by defendant. Heal'd in this court at the October term, 1894, and affirmed.

Relies on Stratton v. Henderson · Chittick v. Town of Lake

Good law ✅— No negative treatment on recordhow we know

Decided 1894-11-12

How this case has been cited

Cited by 5 later decisions — most recently October 1920

5 state decisions

301894190019101920decided

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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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2The defendant in error sued upon two promissory, notes, both in one count of the declaration, one of which was a general promise to pay, not saying when. The declaration concludes,“ by means whereof, the defendant then and there became liable to the plaintiff to pay the amount of said notes, according to the tenor and effect of said notes, and being so liable, in consideration thereof, then and there promised the plaintiff to pay him said amounts, according to the tenor and effect of said notes.

¶3Tet the defendant has not paid to the plaintiff the amounts of said several promissory notes, or any, or either of them, or any part thereof, but refuses so to do, to the damage,” etc.

¶4No demand, not even the often requested, is" alleged.

¶5It is assigned for error: “ 1. The plaintiff did not attach to his declaration, nor file in said cause, copies of the promissory notes declared upon, nor a copy of either of them. 2. The declaration filed in said cause does not support the judgment so entered by default.” .

¶6Whether there was a copy attached to or filed with the declaration can not be told here without a bill of exceptions, as such copy “ is no part of the record.” Stratton v. Henderson, 26 Ill. 68. Exhibits are not part of the pleadings at law. Hart v. Tolman, 1 Gilm. 1.

¶7There is no bill of exceptions, and without discussing the question which the appellant seeks to raise by that first assignment it is overruled.

¶8As to the second one, the appellant’s position is that no cause of action could arise on the note with no time of payment fixed, until demand; that in legal effect it was payable only on demand in fact. But his own authority is to the contrary. Story, Prom. Notes, Sec. 29.

¶9The suit is enough demand. If it was not, entire damages from actionable and non-actionable causes in one count, would be bad. Chittick v. Town of Lake, 43 Ill. App. 632.

¶10There is no error and the judgment is affirmed.

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