Legal Opinion

Moore v. Rogers

Illinois Supreme Court

Decided December 15, 1857PublishedCited by 27 opinions

APPEAL EROM MONROE. At the April term of the Monroe county Circuit Court, 1856, Rogers brought suit on the following note, against Nelson L. Moore and Ambr. Hoener, and recovered judgment for $318.75: Twelve months from date, we, or either of us, promise to pay Austin E. Rogers, or order, five hundred dollars, and if not then paid, ten per cent, interest till paid, for value received. NELSON S. MOORE, JAS. N. MOORE, March 16, 1855. AMBR. HOENER.

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APPEAL EROM MONROE. At the April term of the Monroe county Circuit Court, 1856, Rogers brought suit on the following note, against Nelson L. Moore and Ambr. Hoener, and recovered judgment for $318.75: Twelve months from date, we, or either of us, promise to pay Austin E. Rogers, or order, five hundred dollars, and if not then paid, ten per cent, interest till paid, for value received. NELSON S. MOORE, JAS. N. MOORE, March 16, 1855. AMBR. HOENER. On which note was the following indorsement: Received the interest on the within note up to September 5th, 1855. A. E. ROGERS. Execution issued, and…

1Opinion of the CourtSkinner, J.

Rogers filed a claim in the County Court, against .the estate of James N. Moore, for a balance unpaid on a joint and several promissory note, executed by said James N. Moore, Nelson S. Moore and Ambr. Hoener, to said Rogers. The administrator of James N. Moore appealed to the Circuit Court, and, on the trial, set up in bar and proved that Rogers, after the death of James N. Moore, obtained judgment on the same note against Nelson S. Moore and Hoener, as surviving promissors. The court rendered judgment in favor of Rogers for the balance unpaid of the note.

Where the promise of several is…

2Cited by27 opinions

  1. Martin v. MartinIllinois Supreme Court · 1897
  2. Trego v. Estate of CunninghamIllinois Supreme Court · 1915
  3. Sebree v. SebreeIllinois Supreme Court · 1920
  4. Schlink v. MaxtonIllinois Supreme Court · 1894
  5. Sternberg Dredging Co. v. Estate of SternbergIllinois Supreme Court · 1957

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