Westbrook v. Howell
Appellate Court of Illinois
Appeal from the Circuit Court of Saline County; the Hon. Bobt. W, MoCabtoet, Judge, presiding. Appellant and appellee were engaged for a number of years as partners in a general mercantile business. On the 1st day of January, 1878, this partnership terminated. Appellant sold out his interest in the business to his son, J. W. Westbrook.
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Appeal from the Circuit Court of Saline County; the Hon. Bobt. W, MoCabtoet, Judge, presiding. Appellant and appellee were engaged for a number of years as partners in a general mercantile business. On the 1st day of January, 1878, this partnership terminated. Appellant sold out his interest in the business to his son, J. W. Westbrook. At this time appellee was indebted to appellant in something over $1,100. Appellant sold his interest in the partnership business' to his son for a like sum, and appellee and J. W. Westbrook executed to appellant their joint note for $2,364.57. At this time…
1Opinion of the CourtReeves, P. J.
Whether the instrument sued on is a promissory note does not seem to us an important question. It must be conceded that it is a written contract to pay a certain sum of money, payment in the first instance to be made out of the profits of the joint tobacco purchase. It must also be conceded that, interpreting the instrument by its terms, if there should be no profits of this tobacco purchase, then it was payable in money, and if there were profits, but not enough to pay the amount in full, then the balance of the sum mentioned in the instrument should be paid in money. Bilderback v.…
2Cases cited1 opinion
- Bilderback v. BurlingameIllinois Supreme Court · 1862
3Cited by4 opinions
- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
- Presley Fruit Co. v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Minnesota · 1915
- Bennet v. GilbertAppellate Court of Illinois · 1901
- St. Louis Car Co. v. Glover Equipment Co.Court of Appeals for the Eighth Circuit · 1924