Legal Opinion

Finch v. Galigher

Illinois Supreme Court

Decided June 19, 1899PublishedCited by 5 opinions

Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Alexander county; the Hon. Joseph P. Rob-arts, Judge, presiding. Appellant brought suit to recover from appellee the amount of a promissory note assigned to appellant by the payees.

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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Alexander county; the Hon. Joseph P. Rob-arts, Judge, presiding. Appellant brought suit to recover from appellee the amount of a promissory note assigned to appellant by the payees. The note was dated at New York, July 20, 1886, due six months after date, payable to the order of L. R. Finch & Sons, for $4486.84, at the office of L. R. Finch & Sons, and was signed “Charles Galigher & Son.” On December 30, 1893, the sheriff returned that he served Frank L. Galigher, and that Charles…

1Opinion of the CourtJustice Phillips

The question presented on this record is whether the demurrer was properly sustained to the replication. The entire question as to the right of recovery by reason of the execution of the note by the firm, and the recovery against one member of that firm in the Supreme Court of New York for the county of New York, was presented by the count of the declaration filed in this case.

Appellant contends that the suit in New York having been brought against both partners and one not being served because he was a non-resident of and was not and had not been in that State so that he could be served,…

2Cases cited8 opinions

  1. Cummings v. PeopleIllinois Supreme Court · 1869
  2. Ryan v. MayIllinois Supreme Court · 1852
  3. Cox v. MadduxIndiana Supreme Court · 1880
  4. Shaw v. Butcher & HarrisNew York Supreme Court · 1838
  5. Rand v. NutterSupreme Judicial Court of Maine · 1868

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. ShawyerWyoming Supreme Court · 1924
  2. Willard v. ZehrIllinois Supreme Court · 1905
  3. Fleming v. RossIllinois Supreme Court · 1906
  4. People's Bank of Bloomington v. WoodAppellate Court of Illinois · 1914
  5. Rice v. AllisonAppellate Court of Illinois · 1922

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