Gardner v. Watson
Illinois Supreme Court
The appellees filed their bill in chancery, setting out that they became the sureties of one John A. Corneau, in a promissory note, about the 13th day of March, 1840, payable to Charles Gardner, as follows: “ Springfield, Ills., March 30, 1840. “ On or before the first day of October next, we jointly and severally promise to pay Charles Gardner, or order, one hundred and six dollars, value received, and if not paid when due, to draw interest thereafter at the rate of 12 per…
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The appellees filed their bill in chancery, setting out that they became the sureties of one John A. Corneau, in a promissory note, about the 13th day of March, 1840, payable to Charles Gardner, as follows: “ Springfield, Ills., March 30, 1840. “ On or before the first day of October next, we jointly and severally promise to pay Charles Gardner, or order, one hundred and six dollars, value received, and if not paid when due, to draw interest thereafter at the rate of 12 per cent, per annum, payable semi-annually till paid. J. A. Corneau, $106.00. Thomas Moffett, H. Webster. Security. W. W.…
1Opinion of the CourtTrd'mbull, J.
In the view we take of this case it is unnecessary to notice more than a single point. The only ground upon which the appellees seek relief is, that they were securities for Corneau on a note dated in 1840, upon which judgment had been entered against both him and them in the Circuit Court of Sangamon county in 1842; that after the rendition of judgment Corneau without their knowledge or consent, made an arrangement with Gardner, the payee of the note and plaintiff in the judgment, whereby it was agreed, that if Corneau would pay the costs of said judgment and interest thereon at the rate of…
2Cases cited4 opinions
- McLemore v. PowellSupreme Court of the United States · 1827
- Creath's Administrator v. SimsSupreme Court of the United States · 1847
- Reynolds v. WardNew York Supreme Court · 1830
- Bank of Utica v. IvesNew York Supreme Court · 1837
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- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
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- Williams v. CovillaudCalifornia Supreme Court · 1858
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