Klein v. Currier
Illinois Supreme Court
This cause was heard before T. L. Dickey, Judge, at September term, 1852, of the Sangamon Circuit Court. This was an action of assumpsit upon the following guaranty, written at the time of commencement of suit, by plaintiff’s attorney, over the blank indorsement of Klein’s name, on the note of Lumsden & Company, to Currier: — “ For value received, I guarantee the payment of the sum of money and interest in the within note specified, and agree to pay the same according to the…
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This cause was heard before T. L. Dickey, Judge, at September term, 1852, of the Sangamon Circuit Court. This was an action of assumpsit upon the following guaranty, written at the time of commencement of suit, by plaintiff’s attorney, over the blank indorsement of Klein’s name, on the note of Lumsden & Company, to Currier: — “ For value received, I guarantee the payment of the sum of money and interest in the within note specified, and agree to pay the same according to the tenor and effect of said note, if the same is not paid by said Lumsden and Company. “ Joseph Klein.” The note was for…
1Opinion of the CourtCaton, J.
Lumsden & Company, made their note payable to the order of Currier at the office of the insurance company. Upon the back of this note Klein wrote his name in blank, over which the plaintiff’s attorney wrote the guaranty upon which this suit was brought by the payee. To the declaration, Klein filed-five pleas. The first was the general issue; the second that the guaranty was written over the defendant’s signature without his authority; the third plea averred that the guaranty was made without consideration; the fourth, that the only consideration for the guaranty was a debt of the amount of…
2Cited by20 opinions
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- Nabb v. KoontzCourt of Appeals of Maryland · 1861
- Webster v. CobbIllinois Supreme Court · 1856
- FIRST NAT'L BK. OF RED BUD v. ChapmanAppellate Court of Illinois · 1977
- In re S. P. Smith Lumber Co.District Court, N.D. Texas · 1904
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