Reed v. Colby
Illinois Supreme Court
Appeal from the Circuit Court of Bond county; the Hon. William H. Snyder, Judge, presiding. This was a suit upon a promissory note, given by the defendant, Philip C. Reed, to the plaintiff, Hannah V. Colby, guardian of William A. and Henry P. Colby, for the sum of $909, bearing date December 30, 1875, and payable nine months after date, with ten per cent interest after maturity.
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Appeal from the Circuit Court of Bond county; the Hon. William H. Snyder, Judge, presiding. This was a suit upon a promissory note, given by the defendant, Philip C. Reed, to the plaintiff, Hannah V. Colby, guardian of William A. and Henry P. Colby, for the sum of $909, bearing date December 30, 1875, and payable nine months after date, with ten per cent interest after maturity. The cause was tried by the court below without a jury, and without any formal pleading, under the agreement that any lawful defense might be made as though the proper pleas were filed and issue joined. The note was…
1Opinion of the CourtJustice Sheldon
The facts stated clearly present no defense to the note. Allowing the full effect to such an agreement as here upon a guardian’s sale, it is evidently, upon the presentation here made, but an agreement of indemnity against the judgment and claims mentioned. It is admitted in the argument of both appellant and appellee that the judgment has been paid, so that no further notice need be taken of that. There has, as yet, been no disturbance of title or of the possession of the lot by reason of the claims mentioned, nor is it apparent that there ever will be, or that appellant, the purchaser of…
2Cases cited1 opinion
- McCoy v. MorrowIllinois Supreme Court · 1857
3Cited by3 opinions
- Shuld v. WilsonIllinois Supreme Court · 1907
- Weil v. LevyAppellate Court of Illinois · 1948
- Tillson v. WardAppellate Court of Illinois · 1892