Kaestner v. First National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is an action of assumpsit, brought by the appellee against the appellants, composing the firm of Chas.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. This is an action of assumpsit, brought by the appellee against the appellants, composing the firm of Chas. Kaestner & Co., as guarantors upon a note for 83000.00, dated Chicago, November 12, 1892, executed by the Coleman & Ames White Lead Company, by George J. Williams, its manager and vice-president, payable three months after date to the order of Chas. Kaestner & Co., with interest at six per cent per annum, at room 218 First…
1Opinion of the CourtJustice Magruder
First—Counsel for appellants claim, that the question of paramount importance in this case was a question of fact, namely: whether the guaranty sued upon was written on the back of the note at the time Hecht, one of the appellants, wrote the firm name of Kaestner & Co. thereon. So far as this question of fact was concerned, there was great conflict in the testimony. Such being the case, the judgment of the Appellate Court, affirming the judgment of the circuit court, is conclusive as to such question.
Second—It is contended by the appellants, that the court below improperly admitted in…
2Cases cited5 opinions
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- Gage v. Mechanics' National BankIllinois Supreme Court · 1875
- Van Tine v. CraneNew York Supreme Court · 1828
- Marine Bank of Chicago v. Ferry'sIllinois Supreme Court · 1866
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