Sallee v. Fales

Citations

• 67 Ill. 186

Syllabus

<p>Common counts—right to recover under. The defendant, as township treasurer, at the expiration of his office, settled with the trustees of schools and agreed upon the sum in his hands. He then assigned a promissory note held by him to the plaintiff, who was his successor, agreeing with the trustees that he would pay it, if the maker did not. In default of payment, suit was brought and a recovery had of the amount due the trustees. The special count not being sustained by the proof, it was urged that the judgment could be sustained under the common counts: Held, that the plaintiff could not maintain the action under the common counts; aliten' if the suit had been in the name of the trustees.</p>