Legal Opinion

Kirkpatrick v. Howk

Illinois Supreme Court

Decided September 15, 1875PublishedCited by 13 opinions

Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding.

1Opinion of the CourtJustice Sheldon

This was a "suit commenced before a justice of the peace, by Howk, the appellee, against the appellant, Kirkpatrick, ■and Joseph M. Whitman, upon a promissory note, of which the following is a copy:

“'$150. Monmouth, III., April 26, 1870.

Thirty days after date, I promise to pay to the order of B,. Á. Howk, Esq., one hundred fifty dollars, at---. Value received.

J. M. Whitman,

I. M. Kirkpatrick.”

Whitman was not found and not served with process. Howk recovered before the justice against Kirkpatrick. The latter appealed to the circuit court, where a verdict and judgment were rendered against him…

2Cases cited3 opinions

  1. People v. JansenNew York Supreme Court · 1811
  2. Rogers v. Trustees of Schools of Township 23Illinois Supreme Court · 1868
  3. Neff's AppealSupreme Court of Pennsylvania · 1845

3Cited by13 opinions

  1. First Nat. Bank of Sallisaw v. BallardSupreme Court of Oklahoma · 1914
  2. Brown v. First Nat. Bank of NewtonCourt of Appeals for the Seventh Circuit · 1902
  3. Bullen v. MorrisonAppellate Court of Illinois · 1901
  4. Crosby v. WoodburySupreme Court of Colorado · 1906
  5. Hawkins v. HardingAppellate Court of Illinois · 1891

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