Legal Opinion

First National Bank of Manlius v. Garland

Appellate Court of Illinois

Decided March 16, 1911No. Gen. No. 5445PublishedCited by 4 opinions

Assumpsit. Appeal from the Circuit Court of Lee county; the Hon. R. S. Farband, Judge, presiding. Heard in this court at the October term, 1910.

1Opinion of the CourtJustice Dibell

In this action of assumpsit by the bank against Garland, plaintiff filed a special count and the common counts. The special count alleged that defendant on July 15, 1909, made his promissory note and delivered the same to D. Burkey, and thereby promised to pay to the order of said Burkey, ninety days after said date, $500 for value received with interest, etc., and that thereupon at said time and place Burkey assigned said note by endorsement thereof under his hand to the plaintiff, whereby defendant became liable to pay plaintiff the amount of said note, and being so liable promised to pay…

2Cases cited3 opinions

  1. Zollman v. Jackson Trust & Savings BankIllinois Supreme Court · 1909
  2. Latham v. SmithIllinois Supreme Court · 1867
  3. People ex rel. Moody v. HenryIllinois Supreme Court · 1908

3Cited by4 opinions

  1. First National Bank of Elgin v. AchilliAppellate Court of Illinois · 1973
  2. Utah State National Bank v. SmithCalifornia Supreme Court · 1919
  3. McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
  4. Dunlap v. Brotherhood of Railway TrainmenAppellate Court of Illinois · 1919

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