Legal Opinion

National Bank v. Baker

Appellate Court of Illinois

Decided April 22, 1895PublishedCited by 2 opinions

Debt, on penal bond. Appeal from the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Submitted at the March term, 1895, of this court.

1Opinion of the CourtJustice Gary

This is an action of debt on the bond given by the bank in national Bank of Illinois v. Baker, 27 Ill. App. 356, 128 Ill. 533, on appeal from the judgment of this court. The abstract shows that when the bond was offered in evidence, the appellants objected that it was variant from that described in the declaration, and they repeat that objection in the brief here, nearly in the same words, but neither there nor here was or is there any specification of any variance. We shall not hunt for it. Nelson v. Smith, 54 Ill. App. 345; Hess v. Rosenthal, 55 Ill. App. 324.

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2Cases cited8 opinions

  1. Chicago & Northwestern Railway Co. v. ShultzIllinois Supreme Court · 1870
  2. Hess v. RosenthalAppellate Court of Illinois · 1894
  3. National Bank v. BakerIllinois Supreme Court · 1889
  4. Giffert v. McGuernAppellate Court of Illinois · 1894
  5. National Bank v. BakerAppellate Court of Illinois · 1888

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3Cited by2 opinions

  1. City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
  2. Metropolitan Life Insurance v. QuandtAppellate Court of Illinois · 1897

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