Leslie v. Bonte
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Gabnett, Judge, presiding. This was an action of assumpsit, brought by George and John H. Leslie, in the Superior Court of Cook county, on the following promissory note: “$3000. Cincinnati, Ohio, August 29, 1888. “Six months after date, we jointly or severally promise to pay to Geo. and Jno.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Gabnett, Judge, presiding. This was an action of assumpsit, brought by George and John H. Leslie, in the Superior Court of Cook county, on the following promissory note: “$3000. Cincinnati, Ohio, August 29, 1888. “Six months after date, we jointly or severally promise to pay to Geo. and Jno. H. Leslie, or order, three thousand dollars—value received. Payable at Third National Bank of Cincinnati, Ohio. Chaeles E. Bonte, J. Welleb, Geoege H. Bonte.”…
1Opinion of the CourtJustice Craig
There is but one question presented by this record, and that is, whether the judgment rendered in Hamilton county, Ohio, is a bar to this action. The Appellate Court held that it was. If Grant had recovered judgment on the note in the action in Ohio, the note would have been merged in the judgment, and no other action could be maintained against the defendants, on the note. This principle was clearly established in Wayman v. Cochrane, 35 Ill. 152, where it is said: “The general rule is, that by a judgment at law or a decree in chancery, the contract or instrument upon which the proceeding is…
2Cases cited4 opinions
- Wayman v. CochraneIllinois Supreme Court · 1864
- Zimmerman v. ZimmermanIllinois Supreme Court · 1853
- Drake v. PerryIllinois Supreme Court · 1871
- Levi v. McCraneySupreme Court of Iowa · 1841
3Cited by6 opinions
- Stanton v. KenrickIndiana Supreme Court · 1893
- Kessler v. Armstrong Cork Co.Court of Appeals for the Second Circuit · 1907
- Republic Mach. Tool Corp. v. Federal Cartridge Corp.Court of Appeals for the Eighth Circuit · 1948
- Zboinsky v. WojcikAppellate Court of Illinois · 1952
- Everding & Farrell v. ToftOregon Supreme Court · 1915
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