Legal Opinion

Peabody v. Munson

Appellate Court of Illinois

Decided March 18, 1904No. Gen. No. 11,041Published

Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Charles A. Bishop, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

Appellee sues to recover upon a note made by appellant, which the latter does not dispute. It was given to take up a note guaranteed by appellant and was delivered and accepted in- satisfaction and discharge of appellant’s liability as such guarantor. To the note itself appellant interposes no defense. He claims, however, that appellee is liable to him as endorser of another note which was made by one Hillman, - the maker of the original note guaranteed, as stated, by appellant, and evidenced the same debt. Appellee testifies…

2Cases cited4 opinions

  1. Jones v. AlbeeIllinois Supreme Court · 1873
  2. Johnson v. GloverIllinois Supreme Court · 1887
  3. Moran v. PeaceAppellate Court of Illinois · 1897
  4. Reeves Pulley Co. v. Jewell Belting Co.Appellate Court of Illinois · 1902

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