Toles v. Montague

Citations

• 53 Ill. 384

Syllabus

<p>1. Pleading—averment of the assignment of a note. In a suit upon a promissory note by an assignee against the maker, an averment in the declaration that the holder, by a prior endorsement, “endorsed the said promissory note, by writing his name across the back thereof, to the plaintiff,” is not an averment of a blank endorsement, but of an endorsement to a particular person, and is sufficient.</p> <p>3. Damages in the supreme court—on an appeal for delay. The statute allows this court to give damages only in cases where the appeal is not prosecuted, aud not because the court may think it is prosecuted for delay. Damages are not given when the record has been filed and errors have been assigned.</p>