Boxberger v. Scott

Citations

• 88 Ill. 477

Syllabus

<p>1. Pleading and evidence—promissory note under the common counts. Where the execution of a promissory note is proved, it is sufficient evidence to authorize a recovery under the common money counts, without proof of a consideration. *</p> <p>2. Where there is a variance between a promissory note offered in evidence, and the one described in a special count of the declaration, it is sufficient evidence, upon proof of its execution, to authorize a recovery under the common counts, and the fact that it is not the same note described in the special count does not affect its admissibility as evidence under the common counts.</p>