Hodge v. Gilman
Illinois Supreme Court
This was a proceeding in chancery. The bill states that the complainant was indebted to the defendants, on the 7th day of July, 1857, in a certain sum of money, for which indebtedness the defendants requested him to give his note at sixty days, and promised him that they would allow him that time to pay said indebtedness, if he would give his note; that being desirous of the extension, he did so, and drew the note, which is hereinafter set forth ; that he also signed,.in…
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This was a proceeding in chancery. The bill states that the complainant was indebted to the defendants, on the 7th day of July, 1857, in a certain sum of money, for which indebtedness the defendants requested him to give his note at sixty days, and promised him that they would allow him that time to pay said indebtedness, if he would give his note; that being desirous of the extension, he did so, and drew the note, which is hereinafter set forth ; that he also signed,.in connection with said note, and on the same sheet of paper, a power of attorney, in the usual form, etc., to enter up…
1Opinion of the CourtCaton, C. J.
This bill was filed to enjoin the collection of, and to set aside and vacate a judgment entered in the Common Pleas, in favor of the respondents, against the complainant. The judgment was confessed by an attorney, and the ground alleged for the relief sought, is, that the power under which the attorney acted was altered in a material part after it was executed by the complainant, without his authority, and so it was not his deed. The note and the power of attorney, as they appeared at the time the judgment was confessed, were as follows,—those parts in Roman letters being in print, and those…
2Cited by7 opinions
- Pasedach v. AuwIllinois Supreme Court · 1936
- Catlin Coal Co. v. LloydIllinois Supreme Court · 1899
- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
- Wolf v. Peoples BankAppellate Court of Illinois · 1929
- McAllister v. AveryAppellate Court of Illinois · 1885
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