Gould v. Tilton
Appellate Court of Illinois
Assumpsit. Appeal from the Circuit Court of Wabash county; the Hon. J. R. Creighton, Judge, presiding.
1Opinion of the CourtJustice Duncan
The note in question, even if it be conceded that it was delivered as a promissory note, was clearly proved to be merely a note to indemnify appellee against loss or damage in case he should have to pay to the said shoe company the said shoe account of $268.16. The note itself sufficiently disclosed this fact, and the evidence in the case clearly proves it without any controversy about it. Assuming also that appellant assumed this account and agreed to pay it, a fact which he strenuously denies, appellee could not recover upon either the note or the contract unless he should prove that he was…
2Cases cited8 opinions
- Darst v. BatesIllinois Supreme Court · 1869
- Moore v. TopliffIllinois Supreme Court · 1883
- Bonham v. GallowayIllinois Supreme Court · 1851
- Israel ex rel. Scholl v. ReynoldsIllinois Supreme Court · 1849
- Otter Creek Lumber Co. v. McElweeAppellate Court of Illinois · 1890
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3Cited by1 opinion
- National Slovak Society of the United States ex rel. American Surety Co. of New York v. MatlochaAppellate Court of Illinois · 1940