Condon v. Charles Bruse & Co.
Appellate Court of Illinois
Assumpsit, on a contract of guaranty. Error to the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard in this court at the March term, 1895.
1Opinion of the CourtJustice Gary
The plaintiffs in error wrote their names upon the back of a promissory note, payable to the defendants in error, purporting to be made by the “ Indiana Racing Ass’n,” described in the declaration as the “ Indiana Racing Association.”
Their names, so written, imply a guaranty—not conclusively, but grima, fade—subject to evidence as to what may have been the real contract. Kingsland v. Koeppe, 35 Ill. App. 81; 137 Ill. 344. And the contract implied need not ever be written out. Filling up such an indorsement is mere form, and may be wholly omitted. Kuehne v. Goit, 54 Ill. App. 596.
The…
2Cases cited5 opinions
- McNulta v. EnschIllinois Supreme Court · 1890
- Kingsland v. KoeppeIllinois Supreme Court · 1891
- Nickerson v. BabcockIllinois Supreme Court · 1863
- Kingsland v. KoeppeAppellate Court of Illinois · 1889
- Kuehne v. GoitAppellate Court of Illinois · 1894