Legal Opinion

Albers v. McNichols

Appellate Court of Illinois

Decided October 25, 1939No. Gen. No. 40,639PublishedCited by 5 opinions

1Opinion of the CourtJustice Hebel

This is an action at law on a continuing guaranty executed by the defendant. The trial court, upon motion of the defendant, struck the plaintiff’s amended complaint and dismissed the suit. The question involved in this action is the sufficiency of the amended complaint filed by the plaintiff.

In both counts of the amended complaint, the plaintiff, as statutory receiver of the Central Republic Trust Company, seeks recovery on an instrument executed by the defendant, Frances H. McNiehols, guaranteeing payment to the Central Trust Company of Illinois, to the extent of $10,000, of all indebtedness…

2Cases cited5 opinions

  1. Continental Illinois National Bank & Trust Co. v. Peoples Trust & Savings BankIllinois Supreme Court · 1937
  2. Bank of Long Island v. YoungAppellate Division of the Supreme Court of the State of New York · 1905
  3. First National Bank v. LindbergAppellate Court of Illinois · 1938
  4. State Bank v. BurrAppellate Court of Illinois · 1938
  5. Central Illinois Co. v. SwansonAppellate Court of Illinois · 1937

3Cited by5 opinions

  1. Essex International, Inc., a Michigan Corporation v. Earl A. ClamageCourt of Appeals for the Seventh Circuit · 1971
  2. De Korwin v. First Nat. Bank of Chicago De Korwin v. Koch De Korwin v. PrattCourt of Appeals for the First Circuit · 1950
  3. Harris Trust & Savings Bank v. StephansAppellate Court of Illinois · 1981
  4. Nike, Inc. v. SpencerCourt of Appeals of Oregon · 1985
  5. De Korwin v. First Nat. Bank of Chicago De Korwin v. Koch De Korwin v. PrattCourt of Appeals for the First Circuit · 1950

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