Home National Bank v. Estate of Waterman
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Kane ' county; the Hon. Isaac G: Wilson, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Kane ' county; the Hon. Isaac G: Wilson, Judge, presiding. On the 10th day of August, 1882, the Sycamore Marsh Harvester Manufacturing Company was indebted to the Home National Bank of Chicago, for money loaned, to the amount of $20,000, evidenced by two promissory notes, each for the sum of $10,000, made by said Sycamore Marsh Harvester Manufacturing Company, one dated June 5, 1882, and the other dated June 26, 1882, both payable in ninety days after date. On said 10th day of…
1Opinion of the CourtJustice Baker
One principal contention of appellant is, that the agreement dated August 10, 1882, became and constituted an original and direct engagement or undertaking by Waterman and his associates signing such paper, as distinguished from a guaranty or collateral engagement to an owner for the debt of another. We will assume the correctness of this claim of appellant; but we do not understand such concession to be_ decisive of the case.
It is evident that the agreement was not intended or understood to work a cancellation or discontinuance of the indebtedness of the Sycamore Marsh Harvester…
2Cases cited4 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Gay & Co. v. BlanchardSupreme Court of Louisiana · 1880
- Walton v. BeauregardSupreme Court of Louisiana · 1842
- Smith v. Estate of SteeleSupreme Court of Vermont · 1853
3Cited by24 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Nelson v. BrownSupreme Court of Missouri · 1897
- Straus-Frank Co. v. HughesTexas Commission of Appeals · 1941
- Conerty v. RichtsteigIllinois Supreme Court · 1942
19 more not listed; retrieve them via the Exa API.