Allison v. Waldham
Illinois Supreme Court
This suit was brought by Waldham, against Allison, as guarantor of two promissory notes, executed by John Ramsay, to Joseph P. Allison and Alexander Allison, dated March 31, 1857 ; one at three months, for $84; the other at six months, for $100. The jury found for the plaintiff below, the amount of the last note and interest, viz., $116.25. Allison appealed.
1Opinion of the Court
Catón, C. J.
We agree with the Circuit Court, that if the plaintiff could not have recovered anything of the maker of the note, he was not bound under this guaranty to sue him. But the evidence shows that the maker of the note had from one thousand to fifteen hundred dollars’ worth of property in his possession, openly in the county, for several months after the note became due. And if two constables, whose testimony does not say much for their vigilance or capacity for the office, did not know how to get hold, of it, that form's no excuse for the inaction of the plaintiff. The idea that a man…
2Cited by3 opinions
- Georgia Casualty Co. v. Dixie Trust & Security Co.Court of Appeals of Georgia · 1919
- Laura v. Crane Bros. Manufacturing Co.Illinois Supreme Court · 1875
- People v. JohnsonAppellate Court of Illinois · 1884