Marine Bank of Chicago v. Ferry's
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Van H. Higgins, Judge, presiding. The Marine Bank of Chicago filed in the County Court of Cook county, a claim against the estate of James H. Ferry, deceased, founded on the following promissory note: “$1,700.00. Chicago, July 22d, 1857. On the seventh day of November next we promise to pay the Marine Bank or order seventeen hundred dollars, for value received. Signed, GEO. W. DAVENPORT, JAMES H. FERRY, H. A. JOHNSON.”
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Appeal from the Superior Court of Chicago; the Hon. Van H. Higgins, Judge, presiding. The Marine Bank of Chicago filed in the County Court of Cook county, a claim against the estate of James H. Ferry, deceased, founded on the following promissory note: “$1,700.00. Chicago, July 22d, 1857. On the seventh day of November next we promise to pay the Marine Bank or order seventeen hundred dollars, for value received. Signed, GEO. W. DAVENPORT, JAMES H. FERRY, H. A. JOHNSON.” “ Indorsed, D. $566.66. Rec’d Dec. 16, ’57. Ferry, 566.66. “ “ “ The claim was allowed in the County Court, to the amount of…
1Opinion of the CourtJustice Breese
There are two questions presented by this record. The first is, as to the competency of Davenport as a witness in the cause. The other is, was Davenport legally released by the bank, and did this release operate to discharge the other makers of the note ? The appellees maintain the affirmative of both these propositions.
We are of opinion that Davenport’s deposition was inadmissible, he being interested because liable to contribute unless discharged. Outside of his testimony, there is no proof that he stipulated for his release when he paid one-third of the note, even if he could have done so…
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