Suppiger v. Garrels
Appellate Court of Illinois
Appeal from the Circuit Court of Jefferson county; the Hon. C. C. Boggs, Judge, presiding. Previous to September 25, 1870, there had been a correspondence between F. Ryhiner & Co., of Highland, Illinois, and Gruner, Haller & Co., of Berne, Switzerland, on the subject of loaning money of capitalists residing in Switzerland, in this State.
Read the full summary
Appeal from the Circuit Court of Jefferson county; the Hon. C. C. Boggs, Judge, presiding. Previous to September 25, 1870, there had been a correspondence between F. Ryhiner & Co., of Highland, Illinois, and Gruner, Haller & Co., of Berne, Switzerland, on the subject of loaning money of capitalists residing in Switzerland, in this State. Of that date the former addressed to the latter a lengthy communication in the nature of a proposition to become their agents to negotiate such loans. In giving the detail of how the loans should be secured, they say “ the note will he made directly to the…
1Opinion of the Court
Wilkin, F. J.
Appellants base their claim to share equally with appellee Garrels, upon the doctrine of subrogation. Unless appellants have shown that Byhiner & Oo. were in some way liable to pay the note and interest in question, that doctrine has no application. A mere stranger or volunteer can not, by paying a debt for which another is bound, be subrogated to the creditor’s rights in respect to the security given by the real debtor. Hough v. The Ætna Life Ins. Co., 57 Ill. 318; Young v. Morgan, 89 Ill. 203; Beaver v. Slanker, 94 Ill. 175. A stranger within the meaning of this rule is not…
2Cases cited5 opinions
- Bishop v. O'ConnerIllinois Supreme Court · 1873
- Hough v. Ætna Life InsuranceIllinois Supreme Court · 1870
- Beaver v. SlankerIllinois Supreme Court · 1879
- White v. FisherIllinois Supreme Court · 1871
- Smith v. DavisIllinois Supreme Court · 1878
3Cited by12 opinions
- Thompson v. Connecticut Mutual Life InsuranceIndiana Supreme Court · 1894
- Martin v. HickenlooperUtah Supreme Court · 1936
- Bennett v. ChandlerIllinois Supreme Court · 1902
- Montgomery v. City Council of CharlestonCourt of Appeals for the Fourth Circuit · 1900
- Mavity v. StoverNebraska Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.