Zimmerman v. Wead

• Citation: 1857 WL 5569,18 Ill. 304,8 Peck 304
• Parties: CHARLES W. ZIMMERMANv.HEZEKIAH M. WEAD, for the use, etc.
• Decision Date: 30 April 1857
• Court: Supreme Court of Illinois

18 Ill. 304
1857 WL 5569 (Ill.)
8 Peck (IL) 304

CHARLES W. ZIMMERMAN
v.
HEZEKIAH M. WEAD, for the use, etc.

Supreme Court of Illinois.

April Term, 1857.

THIS was an action of assumpsit. The declaration is as follows:

“Hezekiah M. Wead, who sues for the use of the Illinois Central Railroad Company, plaintiff, complains of Charles W. Zimmerman, who was summoned, etc., defendant, in a plea of the case on promises, for that the said defendant heretofore, to wit, on the 7th day of November, A. D. 1855, at and within the county and state aforesaid, made his certain note, in writing, of that date thereby, by the name of C. W. Zimmerman, promising to pay to the order of William Kellogg (by the name of William Kellogg), at the office of N. B. Curtiss & Co., in the city of Peoria, Illinois, the sum of $700, eight months after the date thereof, for value received. And the said Kellogg, by his signature, in writing, on the back of said note, afterward, on the same day (signed William Kellogg) ordered and assigned said note to be paid to the plaintiff, of which defendant had notice. Yet the said defendant, his promises aforesaid not regarding, hath not paid said note, nor the sum of money therein specified, either at office of the said N. B. Curtiss & Co., in the city of Peoria, aforesaid, nor to the said plaintiff, although the time specified in said note for the payment thereof hath long since elapsed; but to pay the same or any part thereof hath hitherto refused, and still doth refuse,

[18 Ill. 305]

to the damage of the said plaintiff of $1,000, whereof he brings suit, etc.

+----------------------------------+
                ¦(Signed)¦WEAD & WILLIAMSON, ¦
                +--------+-------------------------¦
                ¦ ¦Attorneys for Plaintiff.”¦
                +----------------------------------+
                

The following is a copy of the note on which suit is brought:

+--------------------------------+
                ¦“$700.¦PEORIA, November 7, 1855.¦
                +--------------------------------+
                

Eight months after date I promise to pay to the order of William Kellogg, at the office of N. B. Curtiss & Co., in the city of Peoria, Illinois, seven hundred dollars. Value received.

C. W. ZIMMERMAN.”

Indorsement on said note as follows:

“Pay the within note to Hezekiah M. Wead.

WM. KELLOGG.”

At November term, 1857, of the Peoria circuit court, HOWELL, judge...