Phares v. Barbour
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaugh, Judge, presiding. This was an action in assumpsit, brought by the appellee, Norris S. Barbour, in the court below, against the appellant, Granderson B. Phares, and William Croka and Thomas J. Hoffman, upon a note given by them to appellee to secure a debt of Hoffman’s. Appellant and Croka signed as sureties, at the request of appellee. The facts in the case are fully stated in the opinion.
1Opinion of the CourtJustice Walker
It appears, from the record in this case, that on the 30th day of January, 1857, Hoffman, Phares and Croka executed a note to appellee, the first as principal and the other two as sureties, for the sum of three hundred aiid fourteen dollars, payable on the 1st day of February, 1858. Although the fact-that .the two latter names to the note are not signed as sureties, still the evidence shows that appellee knew the fact when the note was executed. It also appears that after the note fell due, appellee, by the assistance of the sureties, procured Hoffman to execute a chattel mortgage, which…
2Cases cited1 opinion
- Rogers v. Trustees of Schools of Township 23Illinois Supreme Court · 1868
3Cited by26 opinions
- Waite v. DennisonIllinois Supreme Court · 1869
- Weik v. PughIndiana Supreme Court · 1884
- Dibert v. WernickeCourt of Appeals for the Sixth Circuit · 1914
- Hall v. HoxseyIllinois Supreme Court · 1877
- Watkins Products, Inc. v. WalterAppellate Court of Illinois · 1973
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