Harris v. Whitmore, 66 Ill. 144 (1872)

Sept. 1872 · Illinois Supreme Court
66 Ill. 144

William Harris v. William F. Whitmore.

Pleading and evidence—award—promissory note. Where the plain, tiff declared upon an award for the payment of a promissory note, and. also upon the note itself: Held, that if the award was void for uncertainty, the note was properly admissible in evidence.

Writ or Error to the County Court of LaSalle county; the Hon. Charles H. Gilman, Judge, presiding.

The declaration in this case was upon an award, and also contained a count upon the promissory note referred to in the award, and the common counts. The cause was tried by the court without a jury. On the trial the plaintiff offered in evidence the award and the note. The court found the issues for the defendant.

Mr. Alex. T. Cameron, for the plaintiff in error.

Mr. J. B. Bice, for the defendant in error.

*145Per Curiam :

In this ease the declaration counted upon the note, as well- as the award which the arbitrators had made for its payment. Admitting the award was void for uncertainty, as claimed by counsel for defendant, we see no reason why the note should not have been admitted in evidence, and no reason is suggested by counsel for defendant. The judgment must be reversed.

Judgment reversed.