Clark v. Mallory
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;-—-heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. In the summer of 1888 the firm of H. E. Mallory & Bro., composed at the time of Lucy Ann Mallory and DeWitt C. Mallory, became indebted to the Drovers’ National Bank of Chicago.
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Writ of Error to the Branch Appellate Court for the First District;-—-heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. In the summer of 1888 the firm of H. E. Mallory & Bro., composed at the time of Lucy Ann Mallory and DeWitt C. Mallory, became indebted to the Drovers’ National Bank of Chicago. On December 1,1888, the firm was dissolved, DeWitt C. Mallory retiring, and on March 23, 1889, Lucy Ann Mallory made and executed to the bank, in renewal of an unpaid balance of that indebtedness, a judgment note for $1933.27, signed “H. E.…
1Opinion of the CourtJustice Wilkin
The point is made and argued that the judgment upon which the creditor’s bill of plaintiff in error is based is invalid because taken on a note executed by one of the partners in the firm name after the dissolution of the partnership of H: E. Mallory & Bro. The decisions of the circuit and Appellate Courts do not seem to have turned upon or to have been influenced by that question, and as the judgment of the Appellate Court will be affirmed upon other grounds it is not necessary for us to consider the point.
It appears from the record that after the taking of judgment by confession on the…
2Cases cited1 opinion
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