Taylor v. John A. Tolman Co.
Appellate Court of Illinois
ter error to the Circuit Court of Johnson County; the Hon. J. P. Robarts, Judge, presiding. In ¡November, 1887, Henry Hood was employed as traveling salesman by the John A. Tolman Co., a body corporate, and was required to indemnify that company against loss by reason of any moneys collected by him or that might be advanced to him, and plaintiff in error entered into the following written contract: “ In consideration of the sum of one dollar to me in hand paid by John A.…
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ter error to the Circuit Court of Johnson County; the Hon. J. P. Robarts, Judge, presiding. In ¡November, 1887, Henry Hood was employed as traveling salesman by the John A. Tolman Co., a body corporate, and was required to indemnify that company against loss by reason of any moneys collected by him or that might be advanced to him, and plaintiff in error entered into the following written contract: “ In consideration of the sum of one dollar to me in hand paid by John A. Tolman Co., the receipt of which is hereby acknowledged, I hereby guarantee the payment to John A. Tolman Co. of any and…
1Opinion of the CourtJustice Phillips
When an offer is made to guarantee a debt about to be created, and the party making the offer does not know that it will be accepted so that he may be ultimately liable, no.contract exists between the person making the offer and the party to whom the guarantee was made until the offer is accepted and notice given thereof to the guarantor and of the intention to act under it. Newman v. Streator Coal Co., 19 Ill. App. 594; Mussey v. Rayner, 22 Pick. 223; Allen v. Pike, 3 Cush. 238; Babcock v. Bryant, 12 Pick. 133; Horton et al. v. Eastman, 4 Greenl. 521; Tuckerman v. French, 7 Id. 115; Douglas…
2Cases cited5 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Estate of Rapp v. Phœnix InsuranceIllinois Supreme Court · 1885
- Voltz v. HarrisIllinois Supreme Court · 1866
- Newman v. Streator Coal Co.Appellate Court of Illinois · 1886
3Cited by5 opinions
- Buhrer v. BaldwinMichigan Supreme Court · 1904
- State Bank of Chicago v. KingSupreme Court of Pennsylvania · 1914
- Sears v. Swift & Co.Appellate Court of Illinois · 1896
- Stimpson Computing Scale Co. v. EhmsenAppellate Court of Illinois · 1927
- Martin v. SparrowAppellate Court of Illinois · 1930