Chester & Tamaroa Coal & Railroad v. Lickiss

Citations

• 72 Ill. 521

Syllabus

<p>1. Amendment—when merely formal, may properly be allowed without terms. The Practice Act of 1872 allows amendments at any time before final judgment, either in form or substance, on proper terms, and where a merely formal amendment of a summons is made, it is discretionary with the court, and proper not to impose terms.</p> <p>2. Where a summons fails to name the form of action, an amendment by inserting the words “in an action of assumpsit,” is properly allowed, and is merely formal.</p> <p>3. Summons—its requisites. A summons which fails to name the form of action, but which informs the defendant that he is sued, by whom, in what court, to what term, and the amount of damage claimed, is as effectual as if it named the form of action, and the fact of the amendment of such a summons, after service, by inserting the name of the form of action, would not be cause for quashing the summons on the ground of a variance between it and the copy served on defendant.</p> <p>4. Pleading—of an emenment of the indorsement of a note. In declaring upon an indorsed promissory note, an averment that the payee indorsed the note to the plaintiff is sufficient, without averring a delivery. The averment that the pajme indorsed the note to the plaintiff imports a delivery.</p> <p>5. An averment that the payee of a promissory note indorsed it, imports that he put his name on it in writing, and delivered it to the indorsee, as there can be no indorsement except by the legal holder’s name being on the instrument, and it can not be complete without a delivery.</p>