Castle v. Powell

In an action in assumpsit, commenced by the City State Bank of Chicago based upon a written agreement of guaranty signed by-defendants, there was a trial without a jury on a stipulation of facts resulting in a finding and judgment against defendants for $1,697.30. Morrison H. Castle became the assignee of the bank’s claim and was substituted as plaintiff. He prosecutes this appeal and claims that the judgment should have been for $30,000. Under the pleadings and the stipulated facts the question whether he is entitled to a judgment for the larger sum is wholly one of law.

The agreement of…