Childs v. Laflin, Butler & Co.

Citations

• 55 Ill. 156

Syllabus

<p>1. Variance—of the description of a note, as to place of payment. If a promissory n.ote which is made payable to the plaintiffs “at their office,” be described in the declaration as payable at their office in a particular county, the variance in respect to the place of payment will be fatal.</p> <p>3. Pleading—declaring upon a promissory note, as to place of payment. If the legal effect of a promissory note be that it is payable to the plaintiffs only at a particular place, as where it is payable “ at their office,” it must be so described in the declaration.</p> <p>3. Same—distinction between an averment and matter of description. In declaring ^pon an instrument in writing which is ambiguous, or refers to some matter not fully identified by it, and which may require extrinsic evidence to identify or characterize the matter or thing referred to, such extrinsic matters must be introduced, if necessary to the cause of action, by averments, and can not properly be given as a part of the description of the instrument.</p> <p>4. Same—what is matter of description, as distinguished from, an averment. A declaration upon a promissory note alleged that the defendant made his certain promissory note and delivered it to the plaintiffs, “ in and by which said note” he promised to pay them a certain sum of money at a certain time, “ at the office of said plaintiffs, to wit, at said office in said county of Cook Held, the words “ at said office in said county of Cook,” were not an averment as to the place where “ the office” at which payment was to be made, was located, but formed a part of the description of the note, and if the note did not conform to such description in respect to the place of payment, it could not be given in evidence under the count.</p> <p>5. Promissory note—of the place of payment. Where a promissory note, dated at a particular place, was made payable to the payees “ at their office,” it is not the legal effect of such a note that it is payable to them