Legal Opinion

Miller v. Montgomery

Illinois Supreme Court

Decided April 15, 1863PublishedCited by 9 opinions

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…

2Cited by9 opinions

  1. First State Bank v. BusseAppellate Court of Illinois · 1984
  2. Long v. U. S. Fidelity & Guaranty Co.Supreme Court of North Carolina · 1919
  3. Harrison v. First National BankSupreme Court of Arkansas · 1915
  4. Hart, Schaffner & Marx v. VaughnCalifornia Court of Appeal · 1936
  5. Halsted v. GriefenAppellate Court of Illinois · 1912

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