Palmer v. Gardiner
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. Lyman Lacey, Judge, presiding. This was a bill in chancery, by Ezekiel H. Palmer against Thomas Gardiner, sheriff, James M. Gunn, executor of the last null of A. Mitchell, deceased, Isaac 17. Mitchell, and Augustus P. Mitchell. The opinion of the court states the facts of the case.
1Opinion of the CourtChief Justice Walker
Appellant filed his bill to enjoin the collection of two judgments, one in the DeWitt circuit court, aud the other in this court. The bill alleges that appellant signed a note for 81000, as surety for I. 17. Mitchell, to A. Mitchell; that the note was for borrowed money, the interest pavable annually, the first two instalments of which were paid by I. 27. Mitchell, the principal debtor in the note. The payee brought suit against appellant; the principal in the note, and the payee resided at the time in Ohio; that the note had been indorsed in blank by the payee, and also by the cashier of a…
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