Legal Opinion

Trustees of Schools v. Southard

Appellate Court of Illinois

Decided August 28, 1889PublishedCited by 1 opinion

Appeal from the Circuit Court of Madison County; the Hon. William H. Snyder, Judge, presiding.

1Opinion of the CourtPhillips, J.

A note was executed on April 1, 1872, payable to plaintiffs, the appellants, by W. W. Luttrell as principal, and the appellees as sureties. Suit was brought on the note," to which the defendants pleaded the general issue, and a special plea by James P. Fahnestock, which averred that Luttrell was principal debtor, and that Fahnestock was surety, and that plaintiff had notice, and after the note became due, apprehending that Luttrell was liable to bee une insolvent, Fahnestock, by notice in writing to the school treasurer, required plaintiff to sue, and avers that plaintiff did not, within…

2Cases cited9 opinions

  1. Ward v. StoutIllinois Supreme Court · 1863
  2. Flynn v. Mudd & HughesIllinois Supreme Court · 1862
  3. Routon's Administrators v. LacySupreme Court of Missouri · 1853
  4. Kennedy v. EvansIllinois Supreme Court · 1863
  5. Alford v. BaxterSupreme Court of Vermont · 1863

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3Cited by1 opinion

  1. Moorman v. VossOhio Superior Court, Cincinnati · 1905

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