Legal Opinion

Paton v. Stewart

Illinois Supreme Court

Decided September 15, 1875PublishedCited by 2 opinions

Writ of Error to' the Superior Court of Cook county; the Hon. John Burns, Judge, presiding. This was an action of assumpsit, brought by William Paton,. Thomas C. M. Paton,-Jonathan Longmire, Andrew G. Agnew and William L. Paton, partners, under the name and style of Paton & Co., against Hart L. Stewart, upon his guaranty of a promissory note given by Geo. E. Gardner & Co., to Paton & Co., dated January 17, 1874, for $300, payable five months after date.

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Writ of Error to' the Superior Court of Cook county; the Hon. John Burns, Judge, presiding. This was an action of assumpsit, brought by William Paton,. Thomas C. M. Paton,-Jonathan Longmire, Andrew G. Agnew and William L. Paton, partners, under the name and style of Paton & Co., against Hart L. Stewart, upon his guaranty of a promissory note given by Geo. E. Gardner & Co., to Paton & Co., dated January 17, 1874, for $300, payable five months after date. The opinion of the court presents the material facts of the case.

1Opinion of the CourtChief Justice Scott

This action is upon a written guaranty of defendant upon a promissory note made by George E. Gardner & Co. to plaintiffs. All the principal facts are alleged in the special pleas, upon which the defense is predicated.

In substance, the fourth plea is, that Gardner & Co., being indebted to plaintiffs and others in large sums of money, on petition of plaintiffs a rule was issued out of the United States District Court that they show cause why they should not be adjudicated bankrupts, and while the rule was in force, and before any answer had been made thereunto, it was wrongfully and against the…

2Cited by2 opinions

  1. Eggleston v. PantagesWashington Supreme Court · 1918
  2. Burger v. St. Louis Bed & Manufacturing Co.Appellate Court of Illinois · 1917

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