Legal Opinion
Goodwin v. Goodwin
Illinois Supreme Court
Decided September 15, 1872PublishedCited by 5 opinions
Appeal from the Court of Common Pleas of the city of Aurora; the Hon. Richard G. Montony, Judge, presiding. The facts appear in the opinion, except that the application for a change of venue was based upon the alleged prejudice of the judge who tried the cause below.
1Opinion of the CourtChief Justice Lawrence
This was an action brought to recover one year’s interest on the following instrument:. “$3000. Aurora, III., Nov. 7, 1867.
“Due Samuel J. Goodwin, at the time of my decease, three thousand dollars, with interest payable annually, at the rate of six per cent per annum, provided my assets are sufficient, after my decease, to pay my then liabilities, but if not, this note to be delivered up to my heirs or personal representatives. Jeremiah Goodwin.”
It is urged that this instrument (is not a promissory note, because payable only on a contingency, and that it was, therefore, necessary to prove a…
2Cited by5 opinions
- Neish v. GannonIllinois Supreme Court · 1902
- Campbell v. ThompsonAppellate Court of Illinois · 1915
- Stauber v. StauberAppellate Court of Illinois · 1916
- National Bank of Monmouth v. ShunickAppellate Court of Illinois · 1923
- Safford v. GravesAppellate Court of Illinois · 1894