American Exchange National Bank v. Seaverns
Appellate Court of Illinois
Action in assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Julian W. Mack, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904. Statement by the Court. This is an appeal hy the plaintiff from a judgment for the defendants in an action of assumpsit brought on the following instrument: “Geo. A. Seaverns, 153 Monroe Street.
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Action in assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Julian W. Mack, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904. Statement by the Court. This is an appeal hy the plaintiff from a judgment for the defendants in an action of assumpsit brought on the following instrument: “Geo. A. Seaverns, 153 Monroe Street. Chicago, Nov. 15, 1886. In order to help Mr. C. J. Kershaw and for his benefit we hereby agree to guarantee the firm' of C. J. Kershaw & Co., a firm formed on November 1st, 1886, and composed of Chas. J. Kershaw and Hamilton Dewar,…
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
It is admitted that the instrument sued on would riot be admissible under the common indebitatis counts for money lent, money paid, etc., but it is contended that it was 'admis-' sible under the first count of the declaration as a link'in the plaintiff’s chain of evidence to establish the fact, in that count averred, that the defendants were indebted to plaintiff on their guaranty to plaintiff of the indebtedness of Kershaw & Co., and that it was admissible under the second count to establish the fact, alleged in that count, that…
2Cases cited2 opinions
- Frost v. Standard Metal Co.Illinois Supreme Court · 1905
- Robinson v. HolmesAppellate Court of Illinois · 1898
3Cited by1 opinion
- Whelan v. Massachusetts Bonding & InsuranceAppellate Court of Illinois · 1917