Nixon v. Wethrich
Illinois Supreme Court
This was an action of assumpsit, brought by Weyhrieh against Nixon, at January term of the Tazewell County Court, A. D. 1858, to recover a sum of money against him as an indorser of a promissory note.
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This was an action of assumpsit, brought by Weyhrieh against Nixon, at January term of the Tazewell County Court, A. D. 1858, to recover a sum of money against him as an indorser of a promissory note. The plaintiff below sets out in his declaration that one Paul Goodale, on the 8th day of June, 1857, gave his note for the sum of $150 to said Nixon, payable on the 15th day of August, 1857, for value received; and that Nixon, before it became due, indorsed the note and then delivered it to the plaintiff; that at the first term of the court at which Goodale could be sued thereon, the plaintiff…
1Opinion of the CourtCaton, C. J.
This was an action brought against Nixon, as the indorser of a promissory note. The proof shows the recovery of a judgment against the maker, upon which an execution was issued, which was returned satisfied in part, and no property found to satisfy the balance. The proof in the case tends very strongly to show that the maker, at the time the execution was in the hands of the sheriff, was in the actual, open and notorious possession of an abundance of property, both real and personal, subject to the execution, out of which the amount thereof might have been made. The court instructed the jury…
2Cited by8 opinions
- Hitt v. CarrIndiana Court of Appeals · 1921
- Dillman v. NadelhofferIllinois Supreme Court · 1895
- Thompson v. CampbellIndiana Supreme Court · 1890
- Rives v. KumlerIllinois Supreme Court · 1862
- Barlow v. CooperAppellate Court of Illinois · 1903
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