Lill v. Egan
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This is an action brought before the county court, by Egan, against John Lill and others, executors of the last will and testament of William Lill, deceased. Judgment was rendered against the defendants in the county court, who appealed to the circuit court.
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This is an action brought before the county court, by Egan, against John Lill and others, executors of the last will and testament of William Lill, deceased. Judgment was rendered against the defendants in the county court, who appealed to the circuit court. On the trial in the circuit court, plaintiff gave in evidence a promissory note, dated November 13,1874, payable one year after date to the order of George Coxon, for $3,000, at the Bank of Montreal, Chicago, with interest at the rate of ten per cent…
1Opinion of the CourtJustice Dickey
It is insisted by appellants that this note was a partnership note, and for that reason the creditor was bound first to resort to the surviving partner, and collect his debt out of the partnership effects, if practicable, before attempting to reach the private property of the estate in the hands of the executors.
We find no foundation for the application of any such doctrine in this case. The money was lent to Lill, and not to the firm. The fact that the men who signed the note were members of the firm, does not constitute the making of the note a partnership transaction. True, had the money…
2Cited by4 opinions
- Howell v. MooresIllinois Supreme Court · 1889
- National Bank of Commerce v. MeaderSupreme Court of Minnesota · 1889
- Dailey v. Grand Lodge Brotherhood of Railroad TrainmenAppellate Court of Illinois · 1922
- Low v. ArnsteinAppellate Court of Illinois · 1898