Moore v. Topliff
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. On October 26, 1871, the firm of Bliss, Moore & Co., composed of Samuel Bliss, Alexander P. Moore and William B. Topliff, executed its three promissory notes of that date, two for $1650 each, and one for $1700, payable to the order of William B. Topliff, falling due five years after the date, and bearing interest at the rate of ten per cent per annum. Topliff sold, indorsed and delivered the notes, one to each of his-…
1Opinion of the CourtJustice Sheldon
The vital question of fact upon which, as we conceive, the decision must turn, is, whether upon the dissolution of the firm of Bliss, Moore & Co., on January 1, 1875, and the formation of the new firm of Samuel Bliss & Co., the latter firm assumed the debts of the former firm. Upon this the parties are not agreed. Moore testifies there was such an assumption,—Bliss and Topliff testify there was not.
The question as to what the contract between Moore, Bliss and Topliff was, upon their dissolution, arose before this court on a former occasion, in the case of Kellogg v. Moore, 97 Ill. 282. The…
2Cases cited4 opinions
- Marsh v. PikeNew York Court of Chancery · 1844
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Darst v. BatesIllinois Supreme Court · 1869
- Kellogg v. MooreIllinois Supreme Court · 1881
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- New Amsterdam Casualty Co. v. City of AstoriaDistrict Court, D. Oregon · 1919
- Western Casualty and Surety Company v. Eusebius J. BiggsCourt of Appeals for the Seventh Circuit · 1954
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