Chicago Trust & Savings Bank v. Nordgren
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Declaration on a guaranty of a promissory note; plea of the general issue; trial by the court; finding and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed. Statement of the Case.
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Memorandum.—Assumpsit. In the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Declaration on a guaranty of a promissory note; plea of the general issue; trial by the court; finding and judgment for defendant; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed. Statement of the Case. On June 9, 1893, the appellee, John G-. ÜSTordgren, and August Frieberg, desiring to obtain $2,500, Frieberg made his note for that sum, payable to his order, due sixty days after date, and signed and indorsed it in blank. Thereupon, August Jernberg,…
1Opinion of the Court
Mb. Presiding Justice Waterman
delivered the opinion of the Court.
Up to the time that the note was purchased by appellant it had no validity; until then there had been no consideration given or received for it.
Being payable to the order of the maker, and consequently having no validity until indorsed by him, when appellee’s name was placed thereon it was placed there as that of a second indorser or assignor. Whoever after this took the note took it with notice of the contract of indorsement which Hordgren, appellee, had entered into, and that contract can not be varied by oral testimony which…
2Cases cited4 opinions
- Kingsland v. KoeppeIllinois Supreme Court · 1891
- Bogue v. MelickIllinois Supreme Court · 1860
- Kayser v. HallIllinois Supreme Court · 1877
- Tinker & Webb v. McCauleyMichigan Supreme Court · 1854