Robinson v. Holmes
Appellate Court of Illinois
Assumpsit, on the common counts. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in the Branch Appellate Court at the October term, 1898.
1Opinion
Per' Curiam
on rehearing.
Appellee offered to remit the interest which, as we formerly held (75 Ill. App. 203), she was not entitled to recover under the averments of the declaration, and a rehearing ' ü was allowed upon appellee’s petition therefor, remittitur having been filed. ••
Appellant’s counsel insist that the clause in the deed by which appellant assumed and agreed to pay the mortgage debt is to be considered a collateral undertaking, and hence, under the rule announced in Runde v. Runde, 59 Ill. 102, Power v. Rankin, 114 Ill. 52, and other cases, the action can not be maintained under…
2Cases cited4 opinions
- Catholic Bishop v. BauerIllinois Supreme Court · 1871
- Power v. RankinIllinois Supreme Court · 1885
- Maxwell v. LongeneckerIllinois Supreme Court · 1878
- Robinson v. HolmesAppellate Court of Illinois · 1898
3Cited by2 opinions
- Adams & Westlake Co. v. WestlakeAppellate Court of Illinois · 1901
- City of Chicago v. Chicago & N. W. Ry. Co.Appellate Court of Illinois · 1900