Powell v. Kettelle
Illinois Supreme Court
Bill in Equity in. the Peoria Circuit Court, filed by the defendant in error against the plaintiffs in error. The facts and proceedings in the case are briefly stated in the Opinion of the Court.
1DissentTreat, J.
delivered the following dissenting opinion:
This cause was heard in the Court below on the hill and answer. In such case, the answer is to he considered as true. Johnson, then, was a mere surety to the note. The note was a joint, and not a joint and several contract. It is well settled, where one of several joint contractors dies, that his personal representatives are at law discharged, and the surviving joint contractors are alone sueable at law. 1 Chitty’s Pl. 57; 5 Bac. Abr. 164. The administrators of Johnson are therefore fully exonerated at law. The only question is, can they be held…
2Cases cited2 opinions
- In re LybargerWashington Supreme Court · 1891
- Weaver v. ShryockSupreme Court of Pennsylvania · 1820