Curry v. Mack
Illinois Supreme Court
Writ of Error to the Appellate Court of the Second District; the Hon. Joseph Sibley, presiding Justice, and the Hon. Edwin S. Leland and Hon. N. J. Pillsbury, Justices.
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Writ of Error to the Appellate Court of the Second District; the Hon. Joseph Sibley, presiding Justice, and the Hon. Edwin S. Leland and Hon. N. J. Pillsbury, Justices. This was an action of assumpsit, by Susan Curry, upon a promissory note made on the 26th day of February, 1870, jointly and severally by Firman Mack, Uriah Mack, Edward Cleghorn, John Brown and Gabriel Houck to John Curry, for the sum of $2000, payable six months after date, with interest at the rate of ten per cent per annum. John Curry died March 11, 1872, testate, and by his will bequeathed to the plaintiff, Susan Curry,…
1Opinion of the Court
Mr. Justioe Sheldon
delivered the opinion of the Court:
The statute passed March 4, 1869, provides, “that whenever the principal maker of a joint note shall depart this life, it shall be the duty of the payee or assignee thereof to present the same against the estate of decedent, for allowance, to the proper court, within two years after the granting of letters testamentary or of administration on his or her estate; and if said payee or assignee shall fail or neglect so to do, the surety or sureties on such note shall be released from the payment thereof.” Laws 1869, p. 305.
The question made…
2Cases cited2 opinions
- People ex rel. Foster v. GrayIllinois Supreme Court · 1874
- House v. Trustees of Schools of Town 35Illinois Supreme Court · 1876
3Cited by2 opinions
- Bocock v. LeetAppellate Court of Illinois · 1917
- Huddleston v. FrancisAppellate Court of Illinois · 1887