Carroll v. Weld
Illinois Supreme Court
Weld, for the use of Chickering, sued Carroll in the Cook County Court of Common Pleas, in an action of assumpsit. The suit was commenced by a capias ad resp. Weld counted upon the following note: $416.00 “ Chicago, January 13th, 1851. “ Six months after date, we jointly and severally promise to pay John G. Weld, or order, the sum of four hundred and sixteen dollars, for value received. (Signed,) “David Pkicket. l. s. “ Henry Hawkins, l. s. (Indorsed) “ William Carroll.”
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Weld, for the use of Chickering, sued Carroll in the Cook County Court of Common Pleas, in an action of assumpsit. The suit was commenced by a capias ad resp. Weld counted upon the following note: $416.00 “ Chicago, January 13th, 1851. “ Six months after date, we jointly and severally promise to pay John G. Weld, or order, the sum of four hundred and sixteen dollars, for value received. (Signed,) “David Pkicket. l. s. “ Henry Hawkins, l. s. (Indorsed) “ William Carroll.” The declaration avers, that the plaintiff, at the special instance and request of the defendant, agreed to give time to the…
1Opinion of the Court
Catón, J.
Pricket and Hawkins executed their note to Weld, for the purchase of some goods. He, not being satisfied with their responsibility, refused to take the note unless Carroll signed it with them. Carroll then put his name on the back of the note, when it was delivered to the payee. Here, Carroll was an original party to the note, and the original consideration for the note was the consideration for his undertaking. It was not necessary that he should participate in or receive any part of the consideration. His undertaking induced the payee to accept the note in payment of the goods…
2Cited by11 opinions
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- Hately v. PikeIllinois Supreme Court · 1896
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