Kingsley v. Kingsley
Illinois Supreme Court
The defendant, John Kingsley, commenced suit in the Circuit Court of Tazewell county, by bill in chancery and injunction, on the 14th day of April, 1857, against George 0. Kingsley and David D. Irons. The case was tried before Harriott, Judge, at the October term, 1857, and a decree rendered against the defendant, in the court below, from which an appeal was prosecuted.
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The defendant, John Kingsley, commenced suit in the Circuit Court of Tazewell county, by bill in chancery and injunction, on the 14th day of April, 1857, against George 0. Kingsley and David D. Irons. The case was tried before Harriott, Judge, at the October term, 1857, and a decree rendered against the defendant, in the court below, from which an appeal was prosecuted. The complainant’s bill alleges, that in the year 1852, George 0. Kingsley commenced suit in the Circuit Court of Peoria county, against complainant, in the name of George 0. Kingsley and Francis P. Kingsley, for the use of…
1Opinion of the CourtBreese, J.
The controversy in this case grows out of the execution of the release set up by complainant in his bill, and charged to have been executed by the defendant to him.
It is no doubt true, and was the agreement, that the notes, on the execution and delivery of which, by the complainant to the defendant, the release was executed, should be signed by Francis P. Kingsley as security—both parties expected it. But it was not done; he refused to sign them when presented to him by the defendant for that purpose. The release was executed on the delivery of the notes, and there is no fraud shown, either…
2Cited by5 opinions
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