Phelps v. Northup
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Sabot D. Ptjtebbaugh, Judge, presiding. August 11, 1869, appellants, being bankers at Elmwood, Illinois, received from Dogget, Bassett & Hill, of Chicago, a claim for collection, against one John J. Bose, who had been doing a boot and shoe business at the former place, but, who, on the third of that month, had sold out his stock to W. H. and John Struthers, taking their promissory note of that date, for $845.52,…
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Appeal from the Circuit Court of Peoria county; the Hon. Sabot D. Ptjtebbaugh, Judge, presiding. August 11, 1869, appellants, being bankers at Elmwood, Illinois, received from Dogget, Bassett & Hill, of Chicago, a claim for collection, against one John J. Bose, who had been doing a boot and shoe business at the former place, but, who, on the third of that month, had sold out his stock to W. H. and John Struthers, taking their promissory note of that date, for $845.52, payable to Bose’s order two months after date. August 16, Bose paid appellants on the D., B. & Hill claim $150, leaving a…
1Opinion of the CourtJustice McAllister
There was sufficient testimony, if believed, to warrant the jury in finding an acceptance, which might be by parol. And there is no such weight or preponderance of evidence the other way as would justify our interference with the verdict. We are to assume, therefore, that the order was accepted. If so, the legal effect was an undertaking on the part of appellants to pay the amount when the note in their possession for collection was collected, and there can be no doubt that, but for their act disabling them from collecting the Struthers note, by transferring it, without appellees’ consent, to…
2Cases cited3 opinions
- Weston v. BarkerNew York Supreme Court · 1815
- Bradley v. RootNew York Court of Chancery · 1836
- Taylor v. BatesNew York Supreme Court · 1826
3Cited by4 opinions
- Golsen v. GolsenAppellate Court of Illinois · 1906
- Davis v. Rittenhouse & Embree Co.Appellate Court of Illinois · 1897
- Heitschmidt v. McAlpineAppellate Court of Illinois · 1895
- Koch v. QuickAppellate Court of Illinois · 1889