Legal Opinion

Kistner v. Peters

Illinois Supreme Court

Decided October 23, 1906PublishedCited by 11 opinions

Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Effingham county; the Hon. W. M. Farmer, Judge, presiding. On March 18, 1895, E. N. Rinehart, Philip Kistner and Ph.

Read the full summary

Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Effingham county; the Hon. W. M. Farmer, Judge, presiding. On March 18, 1895, E. N. Rinehart, Philip Kistner and Ph. Wiwi executed a promissory note to Rosa M. Rinehart in words and figures following: “March 18, 1895. “One year after date we promise to pay to the order of Rosa M. Rinehart one thousand dollars at Effingham, Illinois, value received, with interest at the rate of six per cent per annum. E. N. Rinehart, Philip Kistner, Ph. Wiwi.” On the same date Rosa M. Rinehart made…

1Opinion of the CourtJustice Wilkin

The appellant claims that the trial court erred, first, in overruling his demurrer; and second, in 'allowing the additional endorsement to be made. As we understand his counsel, his contention is that the allegation of the declaration that the note was assigned to appellee is. at variance with the legal effect of the endorsement on the back of the instrument, in that the endorsement was not legally an assignment, but by its terms Rosa M. Rinehart became a joint maker. The decision of this question will turn upon the legal effect, if any, to be given to the writing first endorsed on the note.

It…

2Cases cited3 opinions

  1. Vansant v. AllmonIllinois Supreme Court · 1859
  2. Herring v. WoodhullIllinois Supreme Court · 1862
  3. Lincoln v. HinzeyIllinois Supreme Court · 1869

3Cited by11 opinions

  1. Stitzel v. MillerIllinois Supreme Court · 1911
  2. Barrett v. Vaughan & Co.Supreme Court of Virginia · 1935
  3. Keenan v. BlueIllinois Supreme Court · 1909
  4. Stitzel v. MillerAppellate Court of Illinois · 1910
  5. Chance v. HudsonAppellate Court of Illinois · 1924

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API