Legal Opinion

Holmes v. Parker

Appellate Court of Illinois

Decided January 18, 1888PublishedCited by 4 opinions

In error to the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. In connection with this case see the following case of Holmes v. Beinis.

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In error to the Superior Court of Cook County; the Hon. John P. Altgeld, Judge, presiding. In connection with this case see the following case of Holmes v. Beinis. A judgment by confession was entered in the Superior Court in favor of defendant in error and against plaintiff in error upon a note and warrant of attorney, of which the following is a copy, the words in italics being written in the blanks and the remainder of the instrument being printed: [[Image here]] The note was indorsed: “ Pay Holder & Go. or order. Ira Holmes.”' Plaintiff in error moved the court to vacate said judgment and…

1Opinion of the CourtMoran, P. J.

The first contention of plaintiff in error is that the warrant of attorney does not authorize the confession of judgment in favor of any person or persons other than “Holmes & Bro. or their assignsthat defendant in error is not the assign of'Holmes & Bro., for Holmes & Bro. have never indorsed or signed the note.

The note and warrant of attorney used was a printed form, the note and warrant being printed on the same piece of paper, with blanks filled in writing. The name of the payee, place of payment, etc., are written in, but the words, “Holmes & Bro. or their assigns,” are printed in the…

2Cases cited4 opinions

  1. Clark v. . WoodruffNew York Court of Appeals · 1881
  2. American Express Co. v. PinckneyIllinois Supreme Court · 1862
  3. Horton v. ArnoldWisconsin Supreme Court · 1864
  4. Links v. MayerAppellate Court of Illinois · 1887

3Cited by4 opinions

  1. DePauw University v. United Electric Coal CompaniesAppellate Court of Illinois · 1939
  2. Siegel, Cooper & Co. v. ColbyAppellate Court of Illinois · 1895
  3. Dowiat v. PeopleAppellate Court of Illinois · 1900
  4. Skinner v. OsgoodAppellate Court of Illinois · 1899

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