Alldritt v. First National Bank
Appellate Court of Illinois
In error to the Circuit Court of Whitesides County ; the Hon. John V. Eustace, Judge, presiding. Statement by Welch, J. On the 28th day of April, 1883, the defendant in error loaned to the plaintiff in error the sum of $550 for the term of one year, with interest at the rate of eight per cent, per annum. The interest for the year was paid in advance.
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In error to the Circuit Court of Whitesides County ; the Hon. John V. Eustace, Judge, presiding. Statement by Welch, J. On the 28th day of April, 1883, the defendant in error loaned to the plaintiff in error the sum of $550 for the term of one year, with interest at the rate of eight per cent, per annum. The interest for the year was paid in advance. To secure the payment of this money, the plaintiff in error together with one ¡Richard Alldritt as security made, executed and delivered to the defendant in error their promissory note and power of attorney in the words and figures as follows:…
1Opinion of the CourtWelch, J.
There are but two points made for the reversal of the judgment in this case.
1st. The money mentioned in the promissory note upon which the judgment-was rendered was not due or payable at the time the judgment was rendered, therefore the attorney who signed the cognovit had no authority to confess such judgment, 'nor had the clerk any right to enter such judgment on the records of the court, and the same is void.
2d. The warrant of attorney upon which this judgment was rendered was more than a year and a day old at the time the judgment was so confessed, and there was no affidavit hied in the…
2Cases cited10 opinions
- Adam v. ArnoldIllinois Supreme Court · 1877
- Rising v. BrainardIllinois Supreme Court · 1864
- Knox v. Winsted Savings BankIllinois Supreme Court · 1870
- Sherman v. BaddelyIllinois Supreme Court · 1850
- Hinds v. HopkinsIllinois Supreme Court · 1862
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3Cited by4 opinions
- St. Clair v. GoldieAppellate Court of Illinois · 1927
- Halfhill v. MalickWisconsin Supreme Court · 1911
- Morgan v. Park National BankAppellate Court of Illinois · 1892
- In the Matter of Joseph F. Kolar, a Bankrupt. Samuel A. Gilford & Company, a Corporation v. A. K. Mose, Trustee in Bankruptcy, and Joseph F. KolarCourt of Appeals for the Seventh Circuit · 1962