Harris v. Coleman & Ames White Lead Co.
Appellate Court of Illinois
Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — This was an action in assumpsit brought by appellant and his copartner, George P. Harris, doing business under the firm name of George P. Harris & Brother, against the Coleman & Ames White Lead Company and George J. Williams.
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Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — This was an action in assumpsit brought by appellant and his copartner, George P. Harris, doing business under the firm name of George P. Harris & Brother, against the Coleman & Ames White Lead Company and George J. Williams. George P. Harris having died, the suit was Continued in the name of Arthur Harris, as surviving partner. The action was brought upon a promissory note in the following…
1Opinion of the CourtJustice Waterman
By the former decision it is established for this court, as the law of this case, that the note is upon its face that of two persons, viz., the Coleman & Ames White Lead Company and George J. Williams. Such being the case, can this written instrument, by the testimony of one of the parties thereto, be shown to be not what upon its face it is ? In other words, can its plain import be varied by oral evidence ?
In Pike v. Hately, 62 Ill. App. 387, evidence had been admitted by the trial court that an apparent indorser had agreed to guarantee payment of the note.
Such admission, changing the…
2Cases cited15 opinions
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Scanlan v. KeithIllinois Supreme Court · 1882
- Powers v. BriggsIllinois Supreme Court · 1875
- Hypes v. GriffinIllinois Supreme Court · 1878
- Frankland v. JohnsonIllinois Supreme Court · 1893
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