Spear v. Farmers' & Mechanics' Bank
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, 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 Knox county; the Hon. Arthur A. Smith, Judge, presiding. The following statement of facts is taken from the opinion of the Appellate Court: “In this case appellee filed a bill against Farmers’ and Mechanics’ Bank and John V. Far well Co., appellants, .and I. P. Norton, to compel'the defendants to pay to him attorney’s fees included in judgment notes taken by them from Thompson & McLean when the makers were insolvent, and afterwards reduced to judgment and collected, and to enforce…
1Opinion of the CourtJustice Phillips
The principal question presented for consideration is, whether the alleged agreement between Spear and the bank, as alleged in the bill, is within that provision of the Statute of Frauds and Perjuries, “that no action shall be brought * whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person,” unless the promise be in writing and signed by the person to be charged. The determination of this question is dependent on whether the agreement is an original and independent one, or whether collateral to the agreement of another…
2Cases cited1 opinion
- Eddy v. RobertsIllinois Supreme Court · 1856
3Cited by2 opinions
- Early v. CassensAppellate Court of Illinois · 1920
- Blasdel v. EricksonAppellate Court of Illinois · 1910