Holtgreve v. Wintker
Illinois Supreme Court
Weit op Ebbob to the Circuit Court of Washington county; the Hon. Amos Watts, Judge, presiding. This action was brought on two promissory notes, made by the firm óf It. Wintker & Co. to Adam Holtgreve, one dated Hay 22, 1873, for $6000, and the other dated June 15, 1874, for $2490, both due when suit was brought. The declaration contains special counts on these notes, and also the common counts.
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Weit op Ebbob to the Circuit Court of Washington county; the Hon. Amos Watts, Judge, presiding. This action was brought on two promissory notes, made by the firm óf It. Wintker & Co. to Adam Holtgreve, one dated Hay 22, 1873, for $6000, and the other dated June 15, 1874, for $2490, both due when suit was brought. The declaration contains special counts on these notes, and also the common counts. Five of defendants pleaded they were not members of the firm when the notes were executed, of which fact plaintiff had notice. That issue the jury found in their favor, and the court rendered judgment…
1Opinion of the Court
Hr. Justice Scott
delivered the opinion of the Court:
There is no controversy the retiring members of the firm went out in 1871, and the notes upon which the action is brought were not made until 1873 and 1874. Ho tice of the withdrawal of defendants from the firm of R. Wintker & Co., of which they had formerly been members, was published in the county newspaper, and it is abundantly proven it was the subject of common talk in the immediate neighborhood where plaintiff and defendants resided—so much that one witness thinks it must have been known by every one in the vicinity. But whether…
2Cases cited1 opinion
- Page v. BrantIllinois Supreme Court · 1856
3Cited by6 opinions
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
- Frohlich, Gardt & Co. v. AlexanderAppellate Court of Illinois · 1890
- Bredhoff v. LepmanAppellate Court of Illinois · 1913
- Reinhart Grocer Co. v. Benld Mercantile Co.Appellate Court of Illinois · 1912
- McNeil & Higgins Co. v. HamletAppellate Court of Illinois · 1919
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