Volk v. Roche
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit, by James A. Roche against Leonard W. Volk, John Feeny and Edward Burk-hard t, upon a promissory note. The opinion of the court contains a statement of the points involved. The defendants appealed.
1Opinion of the CourtJustice Walker
Appellants gave to appellee a note for $1250, due at six months, with 10 per cent interest. But the note was subject to a condition, that any and all such sums of money as had been received by appellee, as a co-partner with appellants, and not charged to appellee on the books of the co-partnership previously existing between the payee and makers, with interest at the rate of 10 per cent, should be deducted from the note. Suit was brought by the payee on this note, against the makers. They filed the plea of the general issue, and a plea that plaintiff had received large sums of money, as…
2Cited by17 opinions
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- Harvey, Wolff & Co. v. MilesAppellate Court of Illinois · 1885
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