Mellendy v. Austin
Illinois Supreme Court
Appeal from the Superior Court'of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a bill in chancery, filed by John A. Mellendy and Ho ah Green, against C. Dean Austin and Allan McClure, impleaded with Augustus Johnson. The opinion of the court contains a sufficient statement of the case and its leading facts.
1Opinion of the CourtJustice Walker
The bill in this case alleges that one Augustus Johnson was a peddler; that Austin was a merchant in Chicago; that the former purchased of the latter goods to the amount of 11307.58, and gav.e his notes therefor with appellants as his sureties; that it was understood and agreed by the parties that Johnson should sell the goods and apply the proceeds from time to time until the notes should be paid, and these were the conditions upon which appellants became his sureties on the notes; that Austin continued to sell goods to Johnson on credit until the failure of the latter, when he owed Johnson…
2Cited by8 opinions
- Sullivan v. NiehoffAppellate Court of Illinois · 1888
- Walker v. ShreveIllinois Supreme Court · 1877
- Hawkins v. HardingAppellate Court of Illinois · 1891
- Minneapolis Brewing Co. v. YahnkeSupreme Court of Minnesota · 1921
- Miller Rubber Co. of New York v. MasseyCourt of Appeals for the Seventh Circuit · 1929
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