Robinson v. McNeill
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county} the Hon. Charles R. Starr, Judge, presiding;. The opinion states the case.
1Opinion of the CourtJustice Lawrence
This was an action on a promissory note given by McNeill to Robinson, in consideration of the assignment of certain open book accounts, and the defense was, that Robinson warranted the accounts to be unpaid and collectible, which it is alleged they were not. The verdict and judgment were for the defendant.
The mere transfer of the accounts as unpaid amounted to a warranty that they were so, as Robinson knew whether he had received payment, and would be guilty of a fraud in selling as unpaid a debt which had been actually discharged; but the sale implied no warranty that the accounts were…
2Cited by7 opinions
- Drennan v. BunnIllinois Supreme Court · 1888
- Plain v. RothIllinois Supreme Court · 1883
- Ramming v. CaldwellAppellate Court of Illinois · 1892
- First National Bank v. DrewIllinois Supreme Court · 1901
- Nebraska Land & Feeding Co. v. TrauermanNebraska Supreme Court · 1904
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