Resseter v. Waterman
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Lee County; the Hon. John D. Crabtree, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Lee County; the Hon. John D. Crabtree, Judge, presiding. This was an action of assumpsit, in the Circuit Court of Lee county, brought by appellant against appellee, to recover damages alleged to accrue to appellant, by reason of the failure of appellee to perform his promise to obtain a chattel mortgage upon the personal property of one Ole Severson, to secure the payment of certain indebtedness of John and said Ole Severson, to appellee, and for which appellant was surety. .The…
1Opinion of the CourtJustice Shope
In this case there is no longer any controversy about the facts. They are, by both the Circuit and Appellate Courts, found to be substantially as contended for by the plaintiff. But the Appellate Court, conceding the case to be with the plaintiff upon the facts, held, that the agreement was one to answer for the debt, default or miscarriage of another, and not being in writing, was within the statute of frauds,, and, therefore, void.
The principal question presented for our consideration is, whether or not the agreement in question is obnoxious to the provision of the statute of frauds, “That…
2Cases cited13 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Barker v. BucklinNew York Supreme Court · 1846
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
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3Cited by17 opinions
- Lusk v. ThroopIllinois Supreme Court · 1901
- Kladivo v. MelbergSupreme Court of Iowa · 1929
- Williams v. AutenNebraska Supreme Court · 1901
- Bonner & Marshall Co. v. HansellAppellate Court of Illinois · 1914
- Newbern v. . FisherSupreme Court of North Carolina · 1930
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