Ryhiner v. Feickert
Illinois Supreme Court
Appeal from the Appellate Court of the Fourth District; the Hon. Tazewell B. Tanner, presiding Justice, and the Hon. David J. Baker and Hon. James C. Allen, Justices. The facts in this case, as found in the Appellate Court, are: On the first of February, 1874, John B. Koehler made his eight promissory notes, bearing that date, and payable to “Chas. & Wm.
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Appeal from the Appellate Court of the Fourth District; the Hon. Tazewell B. Tanner, presiding Justice, and the Hon. David J. Baker and Hon. James C. Allen, Justices. The facts in this case, as found in the Appellate Court, are: On the first of February, 1874, John B. Koehler made his eight promissory notes, bearing that date, and payable to “Chas. & Wm. Feickert,” in one, two, three, four, five, six, seven and eight years, for unequal amounts, but aggregating $2,900, all bearing interest at the rate of ten per cent per annum. These notes were secured by a deed of trust on certain real…
1Opinion of the CourtJustice Soholfield
That a partner may, in general, indorse and transfer a promissory note made payable to his firm, is not questioned. It is also unquestioned law, that if a note be made payable or indorsed to several persons not partners, the transfer can only be by a joint indorsement of all of them. Story on Prom. Notes, § 125; Chitty on Bills and Notes, (8 Am. Ed.) 52; 2 Parsons on Bills and Notes, 4r-5; 1 Daniel on Negotiable Instruments, § 684. Says the author last referred to: “If several persons not partners are payees or indorsees of a bill or note, it must be indorsed by all of them. Either one of the…
2Cases cited2 opinions
- Thompson v. ElliottIllinois Supreme Court · 1874
- Brown v. GrahamIllinois Supreme Court · 1860
3Cited by20 opinions
- Crahe v. Mercantile Trust & Savings BankIllinois Supreme Court · 1920
- In Re JohnsonIllinois Supreme Court · 1989
- Elwert v. Pacific First Federal Savings & Loan Ass'nDistrict Court, D. Oregon · 1956
- United States Fidelity & Guaranty Co. v. Peoples National Bank of KewaneeAppellate Court of Illinois · 1960
- Hoffman v. First National BankAppellate Court of Illinois · 1939
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