Madison County IL Archives Court.....Smith, V Bridges 1819-31
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 May 27, 2008, 11:22 pm

Source: Reports Of Cases Illinois
Written: 1819-31

Elijah Smith who Sues for the use of William Johnson, Appellant, v. William 
Bridges, Appellee.

Appeal from Madison.

Although no particular form is necessary to make a note, yet the writing must 
show an undertaking or engagement to pay, and to a person named in it, or to 
bearer or holder of the instrument.

Opinion of the Court.* The plaintiff below, states in his petition, that 
he "holds notes on, &c." and the instrument on which suit is brought, has not 
a single feature of a note, inasmuch as it does not appear there was any 
undertaking by the defendant to pay any person at all.

Although no particular form is necessary to make a note, yet the writing must 
show an undertaking or engagement to pay, and to a person named in it, or to 
bearer or holder of the instrument. The judgment of the court below is 
reversed, and the cause remanded to the court below. (1)

Judgment reversed.

-----------------
*Justice Reynolds having been counsel in this cause, in the court below, gave 
no opinion.

(1) A promissory note is defined to be "a promise or agreement in writing to 
pay a specified sum, at a time therein limited, or on demand, or at sight, to 
a person therein named or his order, or to bearer." Chitty on Bills, 516. 
Walters v. Short, 5, Gilm., 259. All notes must contain the name of the payee 
unless payable to bearer. Bailey on Bills, 22.

No action can be maintained on an instrument in writing for the payment of 
money, unless the instrument shows on its face to whom it is payable. Mayo v. 
Chenoweth, post. Bills of exchange and promissory notes should be made payable 
to some person specified, but this may be done without inserting the name, if 
the payee be so certainly specified or referred to, as to be ascertained by 
allegations and proofs. Adams et al v. King et al., 16 Ills. Rep., 169.

An instrument purporting to be a promissory note, payable to one of two 
persons in the alternative, can not be sued on as such. Musselman v. Oakes, 19 
Ills. Rep., 81.

Additional Comments:
Reports of Cases at Common Law and in Chancery, Argued and Determined in the 
Supreme Court of the State of Illinois, From its First Organization in 1819, 
to the End of December Term, 1831. By Sidney Breese, Counsellor at Law. Second 
Edition, with Additional Notes, By Edwin Beecher. Chicago: Callaghan & 
Company, 1877.

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