Kennedy v. Evans
Illinois Supreme Court
Weit op Eeeoe to the Superior Court of Chicago. John Evans exhibited his bill in chancery in the court below, on the 9th day of February, 1860, against George M. Kennedy, Alfred A. Hallett, and Willard H. Downer, executors of the last will and testament of John D. Norton, deceased, and Edmund Aiken, John W. Waughop, George W. Lay, and John Gray.
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Weit op Eeeoe to the Superior Court of Chicago. John Evans exhibited his bill in chancery in the court below, on the 9th day of February, 1860, against George M. Kennedy, Alfred A. Hallett, and Willard H. Downer, executors of the last will and testament of John D. Norton, deceased, and Edmund Aiken, John W. Waughop, George W. Lay, and John Gray. The bill set forth, substantially, that Waughop, desiring to borrow money from Edmund Aiken and John D. Norton, who were, at the time, doing business in Chicago under the name of Aiken & Norton, the latter requested the complainant, Evans, to sign a…
1Opinion of the CourtJustice Waxesr
delivered the opinion of the Court.'
The first objection urged against the decree, is that the court permitted complainant to show by evidence, outside of the note itself, that he was only security. The note does not disclose (he relation he bore to the contract, whether principal or security. In Burge on Suretyship, 211, it is said, that to enable a surety to avail himself of the defense, that time was given to the principal, in a court of law, it must appear on the face of the instrument, that he is such surety. If two are bound as principals, when one in fact is only a surety, and time has…
2Cases cited2 opinions
- Miller v. McCanNew York Court of Chancery · 1839
- Flynn v. Mudd & HughesIllinois Supreme Court · 1862
3Cited by6 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Smith v. FreylerMontana Supreme Court · 1882
- James S. McDavid v. John McLeanIllinois Supreme Court · 1903
- Boulter v. Joliet National BankAppellate Court of Illinois · 1920
- Werner v. SteeleAppellate Court of Illinois · 1956
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