(Download) "Cohen v. Lerman" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Cohen v. Lerman
- Author : Supreme Court of Illinois
- Release Date : January 18, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellants, Joe Cohen and Meyer Cohen, doing business as J & M Finance Company, obtained a judgment by confession in the municipal court of Chicago against the appellee for the total sum of $1680.85, on account of three notes bearing the endorsement of appellee, as guarantor. Two weeks later, after due notice had been given to appellants, appellee filed a petition to open up and set aside the judgment entered against him. The petition alleged that at the time the notes sued on were executed and delivered, the appellants were transacting business under the assumed name of J & M Finance Company, without having complied with the laws of this State relating to persons conducting or transacting business under an assumed name; that because of the failure of appellants to file a certificate registering the assumed name with the county clerk of the proper county, appellants were not lawfully transacting business in this State and had no legal status, as individuals, to sue and obtain judgment on the notes made payable to the business under its assumed name. An amendment to the petition added an affirmative defense to the effect that partial payment had been made of the sum claimed to be due. Appellants denied that the statute barred their action and claimed that the statute was void and unconstitutional.
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