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63 Ill. 443

Bonner v. John Gordon

Illinois Supreme Court

Decided June 15, 1872

Illinois Supreme Court · decided 1872-06-15

Writ of Error to the Circuit Court of Washington county; the Hon. Silas L. Bryan, Judge, presiding. This was a suit brought by Bonner against Gordon and others, on the following promissory note : Centralia, III., June 30th, 1867.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-06-15

How this case has been cited

Cited by 8 later decisions — most recently February 1947

8 state decisions

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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. Chief Justice Lawrence

¶1delivered the opinion of the Court:

¶2In this case the plaintiff declared on a promissory note, payable to his order, by the name and style of the First National Bank of Centralia. The defendant demurred, and the demurrer was sustained.

¶3It is extraordinary that Bonner should have taken a note payable to himself by the name and style of the First National Bank of Centralia, but the demurrer admits he did so, and that the defendants gave it. This is not impossible, and may have arisen from some mistake susceptible of explanation. The demurrer, therefore, should have been overruled. It is, however, to be remarked that on the trial the mere production of the note will not prove this averment in the declaration, as it is permitted to do when a note is declared upon as payable to a plaintiff by his proper surname and the initials of his Christian name, or, when made payable to the members of a firm, by the firm name.

¶4In this case the note, on its face, raises no presumption that it was made payable to Bonner by the name and style set out in the declaration, and that fact will have to be proved on the trial.

¶5The judgment is reversed and the cause remanded.

¶6Judgment reversed.

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