Pearce v. Foote
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This suit was brought in trover by Ira Foote, in the circuit court of Cook county, against J. Irving Pearce, to recover the value of a promissory note for the sum of $5000, made by the trustees of the estate of Ira Couch, deceased, and payable to the order of Ira Foote, which note was assigned, by the payee to S. G. Hooker & Co., and by indorsement thereon the payee guaranteed the payment of the note at maturity. To the…
1Opinion of the CourtJustice Scott
This case is one of more than usual importance, on account of the sum involved, which is quite considerable, and on account of-the principles involved in the decision. There can be no controversy in this court concerning the facts. They must be regarded as having been settled by the finding and judgment of the trial and Appellate courts. This much is frankly conceded by counsel, and the position is taken, if the case shall now be considered as on a demurrer to evidence,— that is, conceding the truth of all the evidence tends to establish in favor of plaintiff,—the facts do not establish, in…
2Cases cited2 opinions
- Pixley v. BoyntonIllinois Supreme Court · 1875
- Tenney v. FooteIllinois Supreme Court · 1880
3Cited by49 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Pope v. HankeIllinois Supreme Court · 1894
- Jamieson v. WallaceIllinois Supreme Court · 1897
- Pelouze v. SlaughterIllinois Supreme Court · 1909
- Cothran v. EllisIllinois Supreme Court · 1888
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