Miller v. Montgomery
Illinois Supreme Court
Appeal from the Circuit Court of McHenry county; the Hon. Isaac G. WilsoN, Judge, presiding. This was. an action of assumpsit instituted in the Circuit Court, by Montgomery, against the appellants, upon a promissory note executed by Miller and others, as principals, and by Donnelly, as security.
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Appeal from the Circuit Court of McHenry county; the Hon. Isaac G. WilsoN, Judge, presiding. This was. an action of assumpsit instituted in the Circuit Court, by Montgomery, against the appellants, upon a promissory note executed by Miller and others, as principals, and by Donnelly, as security. Upon the trial of the issues, it appeared that several payments were indorsed; besides which, Miller had paid to Montgomery a certain sum of money, which he directed also to be applied as a credit on that note. Montgomery gave a receipt for the sum so paid, promising to enter ,tlie credit as directed,…
1Opinion of the CourtChief Justice CatoN
The error in this case is manifest, upon a mere statement of the facts. The note was executed to the plaintiff by Don-nelly, as surety, and the other defendants, as principals; the plaintiff refusing to take the note, unless Donnelly signed it as surety. Subsequently, Miller, one of the principals, paid the plaintiff one hundred and seventy-five dollars, with express instructions that it should be applied on this note; which the plaintiff agreed to, and promised to indorse it on the note, but neglected to do so. Afterwards, by an arrangement between the plaintiff and Miller, a part of this…
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- Hart, Schaffner & Marx v. VaughnCalifornia Court of Appeal · 1936
- Halsted v. GriefenAppellate Court of Illinois · 1912
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