Guardian Bancorporation v. Chicago Title & Trust Co.

Mr. Presiding Justice Scanlan

delivered the opinion of the court.

This was an action in assumpsit upon a promissory note in the sum of $37,625. The original defendant was James A. Low. The case was tried, judgment entered, and this writ of error sued out during the lifetime of Low. Thereafter Low died and in this court his death has been suggested and the cause has proceeded in the name of his executors. In the lower court there was a jury trial and at the conclusion of all the evidence, upon motion of plaintiff, the court directed a verdict in favor of plaintiff for $34,098.75.

Plaintiff sued…