Liebbrandt v. Myron Lodge No. One, of the Old Free Order of Chaldea
Illinois Supreme Court
Appeal from the Circuit Court of Cook county ; the Hon. E. S. Williams, Judge, presiding. This is an appeal from the judgment of the court below, refusing to grant a motion made by Gottlieb F. Liebbrandt to set aside a judgment as to him, rendered May 19, 1870, by confession on a warrant of attorney against him, John D. Hies and F. Peters, and in favor of Myron Lodge Ho. 1, of the Old Free Order of Chaldea, upon the following promissory note : $100. '' Chicago, Oct. 5th,…
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Appeal from the Circuit Court of Cook county ; the Hon. E. S. Williams, Judge, presiding. This is an appeal from the judgment of the court below, refusing to grant a motion made by Gottlieb F. Liebbrandt to set aside a judgment as to him, rendered May 19, 1870, by confession on a warrant of attorney against him, John D. Hies and F. Peters, and in favor of Myron Lodge Ho. 1, of the Old Free Order of Chaldea, upon the following promissory note : $100. '' Chicago, Oct. 5th, 1857. “One year after date, for value received, we jointly and severally promise to pay to Myron Lodge No. 1, A. U. O. C.,…
1Opinion of the Court
Per Curiam :
The affidavits upon which the motion was made to set aside the judgment entered upon the warrant of attorney, disclose no defense to the note, or ground for equitable relief. There was no tender of the amount made. An offer to pay in the manner stated does not amount to a tender. The supposed agreement with the principal in the note to extend time of payment, is lacking in an essential element of a valid agreement. It was wholly wanting in consideration, and no time was specified. "No act was done which would legally tie the hands of the plaintiff below for a single instant.
The…
2Cited by1 opinion
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