Miller v. Kingsbury
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Adams county; the Hon. William Marsh, Judge, presiding.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Adams county; the Hon. William Marsh, Judge, presiding. This was an action of debt, brought by Sarah A. Kingsbury, against Alexander T. Miller, George A. Miller and Joseph Simons, on a penal bond executed on the 24th day of June, 1886. It appears from the averments of the declaration, that Alexander T. Miller and Albert B. Kingsbury were partners in business, under the firm name of Miller & Kingsbury; that Kingsbury died intestate on the 16th day of May, 1886, and Sarah A.…
1Opinion of the CourtChief Justice Craig
The bond upon which the action was brought was filed under an order of the circuit court of Adams county, in a certain cause in chancery pending in the court, wherein Sarah A. Kingsbury, administratrix of the estate of Albert B. Kingsbury, deceased, was complainant, and Alexander T. Miller was defendant, and it is insisted that the principal and his sureties are not liable to an action on the bond until he has failed to obey some order or decree of the circuit court of Adams county, in relation to the partnership matters concerning which the bond was executed. It is true that the bond…
2Cases cited2 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Newhall v. TurneyIllinois Supreme Court · 1853
3Cited by3 opinions
- Burrell v. KernOregon Supreme Court · 1899
- City of Chicago v. EnglishIllinois Supreme Court · 1902
- City of Chicago v. EnglishAppellate Court of Illinois · 1901