Binz v. Tyler
Illinois Supreme Court
Appeal from the Superior Court of Cook county: the Hon. Joseph E. Gary", Judge, presiding. This was an action of assumpsit, by appellees against appellant.
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Appeal from the Superior Court of Cook county: the Hon. Joseph E. Gary", Judge, presiding. This was an action of assumpsit, by appellees against appellant. The first count of the declaration is as follows : “ For that whereas, the said plaintiffs heretofore, to-wit: on the 3d day of September, A. D. 1873, at the city of Chicago, to-wit: at the county of Cook aforesaid, demised and leased, by a certain indenture of lease, bearing date the day and year last aforesaid, to ‘ The South Chicago Turn Verein of the city of Chicago/ certain premises, with the appurtenances thereunto belonging and…
1Opinion of the CourtJustice Scholpield
It is objected that the declaration treats the instrument by which defendant’s liability is charged, as an original undertaking, whereas it is collateral, and should have been so de-clarea on. It is stated, as matter of conclusion of the pleader, that the defendant, by the writing previously set forth in hcec verba, “bound himself to pay the rent, and fulfill and perform all and every of the covenants therein in said lease contained,” etc. But the instrument itself being before the court, its legal effect was to be determined by the court, and that determination could not be influenced by the…
2Cases cited1 opinion
- Cook v. SkeltonIllinois Supreme Court · 1858
3Cited by13 opinions
- School of Domestic Arts & Science v. CarrIllinois Supreme Court · 1926
- Hitchcock v. BuchananSupreme Court of the United States · 1882
- Phillips v. GannonIllinois Supreme Court · 1910
- Anderson v. The EdamDistrict Court, E.D. New York · 1882
- Arrow Petroleum Co. v. JohnstonCourt of Appeals for the Seventh Circuit · 1947
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