International Hotel Co. v. Flynn
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. A. C. Barnes, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. A. C. Barnes, Judge, presiding. This is an action of debt commenced in the superior court of Cook county on two bonds, one for the sum of $500, dated April 29, 1905, and the other for $2000, dated June 5, 1905. The declaration contains but one count, and the bonds are not set out in hose verba but are attached to the declaration as copies of instruments sued on. The declaration alleges that on April 27, 1905, one Bernard J. Flynn filed in the superior…
1Opinion of the CourtJustice Farmer
Appellant insists that it appears from the declaration that the appellee and C. M. Woodward were joint obligees, and the action being brought by only one of said joint obligees the judgment is erroneous. On the other hand, appellee contends that as the condition of the bonds provided that the obligors would pay to it, the International Hotel Company, and C. M. Woodward, “all such costs and damages as shall be awarded to any one or more of said defendants, jointly or severalty,” the interest of each of the parties against whom the injunction issued was several, and that each could sue in a…
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