Smith v. Goodrich
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. On the 12th day of November, 1888, Edward O. Smith purchased from John C. and Edward Coleman a lot in San Jose, Cal., for which he executed his note for §4500. At the time of the purchase the grantors executed a deed and the grantee executed his note.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P. Vail, Judge, presiding. On the 12th day of November, 1888, Edward O. Smith purchased from John C. and Edward Coleman a lot in San Jose, Cal., for which he executed his note for §4500. At the time of the purchase the grantors executed a deed and the grantee executed his note. The deed and note were left with E. Williams, with a distinct agreement that the deed was not to be delivered until the note was paid. The purchaser moved a house onto the lots,…
1Opinion of the CourtJustice Phillips
The placing the deed and note in the hands of Williams, with an agreement that the deed should not be delivered until the note was paid, did not change the liability of the maker of the note thereon. The note was his contract, and if not paid when due the lawful holder thereof might sue on the note, and after judgment with ft. fa. levy on the property for which it evidenced the consideration, or on other property. Such right might exist in favor of the payee or his assignee. The note could not by the maker or his heirs be held and considered as a liability against the land purchased, only,…
2Cases cited1 opinion
- McGarvey v. DarnallIllinois Supreme Court · 1890
3Cited by9 opinions
- Smith v. SmithIllinois Supreme Court · 1898
- Houston v. MadduxIllinois Supreme Court · 1899
- Strauss v. PhillipsIllinois Supreme Court · 1901
- Cox v. RigginsCourt of Appeals of Kentucky (pre-1976) · 1928
- Kelly v. DyerIllinois Supreme Court · 1934
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