Phares v. Barber
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. S. D. Puterbaugh, Judge, presiding. This was an action of assumpsit, brought by Norris S. Barber against Granderson B. Phares, Thomas J. Huffman and WilliamCroka, on the following promissory note: “On the 1st day of February, 1858, we, or either of us, promise to pay Norris S. Barber, or bearer, of Knox county, Illinois, the sum of $314, it being for value received, with use.
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Appeal from the Circuit Court of Peoria county; the Hon. S. D. Puterbaugh, Judge, presiding. This was an action of assumpsit, brought by Norris S. Barber against Granderson B. Phares, Thomas J. Huffman and WilliamCroka, on the following promissory note: “On the 1st day of February, 1858, we, or either of us, promise to pay Norris S. Barber, or bearer, of Knox county, Illinois, the sum of $314, it being for value received, with use. Dated Elba, Knox county, Illinois, this 30th day of January, 1857. „ G. R. Phares, Thomas Huffman, William Croka.” The defendants, Phares and Croka, pleaded as…
1Opinion of the CourtJustice Thornton
Appellant and one Croka were sureties upon a note.executed by them and Huffman, as principal, to appellee.
It would be alike unimportant and improper to review the evidence, as the case must be submitted to another jury for the error of the court below in refusing a proper question to be answered which might have elicited competent and material testimony.
One of the issues, and the main one, was, whether or not the sureties had been released from their obligation to pay the note by an agreement between them and the payee of the note, upon a sufficient consideration.
The existence of such an…
2Cited by14 opinions
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- Diehl v. StateIndiana Supreme Court · 1901
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