Dwight v. Newell
| Decision Date | 30 June 1854 |
| Citation | 5 Peck 333,1854 WL 4678,15 Ill. 333 |
| Parties | JOSIAH DWIGHT, impleaded, etc.,v.JOHN NEWELL. |
| Court | Illinois Supreme Court |
15 Ill. 333
1854 WL 4678 (Ill.)
5 Peck (IL) 333
JOSIAH DWIGHT, impleaded, etc.,
v.
JOHN NEWELL.
Supreme Court of Illinois.
June Term, 1854.
THIS cause was heard before J. G. WILSON, judge, at the March term, 1854, of the McHenry circuit court.
The opinion of the court furnishes a statement of the case.
C. MCCLURE, for appellant.
GLOVER and COOK, for appellee.
TREAT, C. J.
This was an action of assumpsit brought by Newell against Petrie and twenty-five other persons, sixteen of
[15 Ill. 334]
whom were served with process. The plaintiff recovered a judgment therein, which was reversed in this court. See Petrie v. Newell, 13 Illinois, 667. On the remanding of the cause to the circuit court, the plaintiff filed an amended declaration. The first count alleged in substance that, on the 15th of January, 1847, the defendants, together with Hutchins and Coombs, since deceased, by the name and style of the “McHenry County Printing Company, J. Dwight, Treasurer,” made their certain promissory note, whereby they promised to pay one day after date to James Hutchins, or order, the sum of $102.33, with interest, for value received; that the payee afterwards departed this life, and that Henry Petrie and Emily H. Hutchins, the executor and executrix of his estate, assigned the note to the plaintiff. The second count alleged in substance that the defendants, and Hutchins and Coombs, since deceased, made their promissory note, by the name and style and in the words and figures following: “Woodstock, January 15, 1847. One day after date, for value received, the McHenry County Printing Company promise to pay to James Hutchins, or order, one hundred and two and 33/100 dollars, with interest. J. Dwight, Treasurer.” Whereby the defendants promised to pay said Hutchins the sum of money in said note specified, according to the tenor and effect thereof; that the payee afterwards died, and Emily H. Hutchins, his executrix, assigned the note to the plaintiff. The third count alleged in substance that on the 1st of June, 1846, the defendants, with Hutchins and Coombs, since deceased, by the name and style of “For the McHenry County Printing Company, James Hutchins, Henry Petrie, S. C. Brown, Finance Committee,” made their promissory note of that date, whereby they promised by that name and style to pay to James Hutchins, or order, $111.52, on demand, and interest annually, for value received; that the payee afterwards died, and Petrie and Hutchins, the executor and executrix of his estate...To continue reading
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10 cases
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Donnan v. Bang
... ... Stat. Chap. 79, 58; Warren v. Chambers, 12 Ill. 124; McKinney v. Peck, 28 Ill. 174; Stevenson v. Farnsworth, 2 Gilm. 715; Dwight v. Newell, 15 Ill. 333.Defendants held themselves out as partners, and became liable to third persons as such: Poole v. Fischer, 62 Ill. 181; Smith ... ...
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Cott v. Sprague
... ... Farnsworth, 2 Gilm. 715; Warren v. Chambers, 12 Ill. 124; Dwight v. Newell, 15 Ill. 333; Frye v. Menkins, 15 Ill. 339; Davis v. Scaritt, 17 Ill. 202; Griswold v. Board of Trustees, 26 Ill. 41.MCALLISTER, J.In this ... ...
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Richelieu Hotel Co. v. Int'l Military Encampment Co.
... ... In Dwight v. Newell, 15 Ill. 333, this section was held to apply to an instrument signed for a corporation by parties purporting to act for it, and the rule ... ...
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Firemen's Ins. Co. v. Barnsch
... ... St. p. 1798, c. 110, 33; Hunt v. Weir, 29 Ill. 83;Richelien Hotel Co. v. International Military Encampment Co., 140 Ill. 248, 29 N. E. 1044;Dwight v. Newell, 15 Ill. 333. By its terms, it was not an instrument completely executed until countersigned by its agent; and, as it purported to be so ... ...
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