City of Chicago v. Gage
Illinois Supreme Court
Appeal from the Appellate Court for the First District. An action of debt was brought in the circuit court of Cook county, by the city of Chicago, against David A. Gage, late treasurer of the city of Chicago, and John B. Sherman and others as sureties upon what was alleged to be the official bond of said Gage, to recover a sum of money which it was alleged he had refused to pay over to his successor in office.
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Appeal from the Appellate Court for the First District. An action of debt was brought in the circuit court of Cook county, by the city of Chicago, against David A. Gage, late treasurer of the city of Chicago, and John B. Sherman and others as sureties upon what was alleged to be the official bond of said Gage, to recover a sum of money which it was alleged he had refused to pay over to his successor in office. Pleas of non est factum were filed by all of the defendants and verified by a part. of the sureties. Issues were formed thereon, and upon the breaches assigned, by proper pleas, and…
1Opinion of the CourtJustice Sheldon
It is insisted by appellants that the instrument in question is a nullity as to the sureties, they having signed it with the blanks in it which it had, and those blanks being subsequently filled without their consent or knowledge, and the case of The People v. Organ, 27 Ill. 29, is referred to in support of the position. That case does decide, that the filling the blank in a bond with the amount of the penalty, after the sureties had executed it, without their knowledge or consent, rendered it void, as to them. But that decision was made under, and in conformity to, the ancient doctrine of…
2Cases cited26 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Stovall v. BanksSupreme Court of the United States · 1871
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
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3Cited by58 opinions
- Davis v. State ex rel. WrenCourt of Appeals of Texas · 1889
- State Ex Rel. Jones v. FarrarOhio Supreme Court · 1946
- State v. McFetridgeWisconsin Supreme Court · 1893
- Supreme Council Catholic Knights v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Sixth Circuit · 1894
- County of King v. FerryWashington Supreme Court · 1893
53 more not listed; retrieve them via the Exa API.