Paul v. Berry
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. On the 30th of August, 1870, David D. Berry, John Berry, Amos Berry, John 8. Paul, John Henry and Daniel G. Gil-ham executed their promissory note in writing, whereby they jointly promised to pay the board of trustees of schools of township 4, range 9, in the county of Madison, etc., $600, with interest at ten per cent per annum, payable semi-annually, in advance, etc.
Read the full summary
Appeal from the Circuit Court of Madison county; the Hon. William H. Snyder, Judge, presiding. On the 30th of August, 1870, David D. Berry, John Berry, Amos Berry, John 8. Paul, John Henry and Daniel G. Gil-ham executed their promissory note in writing, whereby they jointly promised to pay the board of trustees of schools of township 4, range 9, in the county of Madison, etc., $600, with interest at ten per cent per annum, payable semi-annually, in advance, etc. After the maturity of the note, judgment was obtained against the makers, which was ultimately paid by Amos Berry. The present suit…
1Opinion of the CourtJustice Scholfield
From the face of the note, the makers appear to be jointly liable to the payee as principals, and that the plaintiff was so liable, together with the other makers, was admitted by his failure to make defense when suit was brought on the note, and this is all that is established by the record of the judgment in that case. As between the makers, there arises no presumption, simply from the note or the judgment, that the first signer, or any other number less than the whole, is or are to be treated as principal or principals, and the others as co-sureties, but it rests in evidence, to be…
2Cases cited2 opinions
- Harris v. WarnerNew York Supreme Court · 1835
- Bagott v. MullenIndiana Supreme Court · 1869
3Cited by18 opinions
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Bulkeley v. HouseSupreme Court of Connecticut · 1893
- Owen v. KingCourt of Appeals of Texas · 1935
- Bank of Commerce v. McCartyNebraska Supreme Court · 1930
- Lake Street Elevated Railroad v. CarmichaelIllinois Supreme Court · 1900
13 more not listed; retrieve them via the Exa API.