Legal Opinion

McDonald v. Chisholm

Illinois Supreme Court

Decided January 21, 1890PublishedCited by 23 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Egbebt Jamieson,"Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Egbebt Jamieson,"Judge, presiding. This was a -bill in equity, brought by Alexander J. McDonald ' and the Circulating Boiler Company, to set aside certain confessions of judgment entered in favor of Samuel S. Chisholm, and to enjoin the sale of certain letters patent which McDonaid possessed, relating to an improvement in sectional steam, boilers. On the 16th day of December, 1886, Alexander J. McDonald was president and manager of a corporation known as the…

1Opinion of the CourtJustice Craig

It is said that the judgment should be vacated, for the reason that, under the agreements executed by the parties when the $1200 note was given, no part of the $1200 became due until the boiler was completed. Conceding that the notes upon which judgment was confessed were not due at the time the judgment was entered, that alone is not a sufficient ground to set aside the judgment. The warrants of attorney attached to the notes authorized the entry of judgment upon them at any time after the date of the notes, and in Adams v. Arnold, 86 Ill. 185, it was held that a judgment confessed under a…

2Cases cited2 opinions

  1. Phillips v. CoffeeIllinois Supreme Court · 1855
  2. Adam v. ArnoldIllinois Supreme Court · 1877

3Cited by23 opinions

  1. Atwater v. American Exchange Nat. BankIllinois Supreme Court · 1894
  2. Ford v. HillWisconsin Supreme Court · 1896
  3. Anderson Transfer Co. v. FullerIllinois Supreme Court · 1898
  4. Snyder Bros. v. BaileyIllinois Supreme Court · 1896
  5. Glover v. WellsAppellate Court of Illinois · 1891

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