Legal Opinion

Hinkley v. Champaign National Bank

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 3 opinions

Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Champaign county; the Hon. F. M. Wright, Judge, presiding.

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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Champaign county; the Hon. F. M. Wright, Judge, presiding. This is a suit in covenant by J. O. Hinkley for the use of J. B. Meneley upon the following instrument: “This indenture, made the 17th day of December, 1896, between the Champaign National Bank, a corporation, of the first part, and James O. Hinkley, of Chicago, of the second part: “Witnesseth: Whereas, the said party of the first part on the 15th day of December, 1896, recovered a judgment in the circuit court of Cook…

1Opinion of the CourtJustice Magruder

In their opinion deciding this case, the Appellate Court, after making a statement of the facts as the same are get forth in the preface hereto, expressed the following views:

“It is claimed by counsel for plaintiff, Hinkley, that all this evidence is incompetent. In the view we take of the case we deem it unnecessary to take time or space to discuss or determine that question. There is no question of fraud in the case. It is true, the plaintiff avers that the said judgment mentioned in the assignment was a pretended judgment and void, but the proof fails to establish the averment. On the…

2Cases cited6 opinions

  1. Otis v. Cullum, ReceiverSupreme Court of the United States · 1876
  2. Hurd v. SlatenIllinois Supreme Court · 1867
  3. Jansen v. BallNew York Supreme Court · 1827
  4. First National Bank v. DrewIllinois Supreme Court · 1901
  5. Miller v. DuganSupreme Court of Iowa · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Marshall v. KeachIllinois Supreme Court · 1907
  2. Christiansen v. SaylorAppellate Court of Illinois · 1998
  3. Christiansen v. SaylorAppellate Court of Illinois · 1998

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