Legal Opinion

Knoebel v. Kircher

Illinois Supreme Court

Decided January 15, 1864PublishedCited by 15 opinions

Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, instituted in the Circuit Court by Frederick Kircher against Jacob Knoebel, upon the following instrument: “$1,500. Twelve months after date, we, or either of us, promise to pay to Mr. Frederick Kircher, or to his order, the sum of fifteen hundred dollars, for money borrowed, with interest at the rate of ten per cent, per annum. “GEORGE BRESSLER.

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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, instituted in the Circuit Court by Frederick Kircher against Jacob Knoebel, upon the following instrument: “$1,500. Twelve months after date, we, or either of us, promise to pay to Mr. Frederick Kircher, or to his order, the sum of fifteen hundred dollars, for money borrowed, with interest at the rate of ten per cent, per annum. “GEORGE BRESSLER. “CHARLES FfGCHER. ■ “ Ch. Fischer’s name struck out by consent of Frederick Kircher, in presence of Theodore Dauth and T.…

1Opinion of the CourtJustice Beckwith

This was an action of assumpsit upon a guaranty of the appellant, of a promissory note made by George Bressler and Charles Fischer, payable to the appellee, but from which Fischer’s name had been erased by the consent of all parties. The declaration contained five counts, the first two of which were abandoned. The appellant pleaded the general issue, accompanied with an affidavit of its truth and two special pleas. To the second and third pleas a special demurrer was interposed and sustained. The second plea is simply a traverse of a portion of the facts which the plaintiff was bound to…

2Cited by15 opinions

  1. State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
  2. Hefner v. VandolahIllinois Supreme Court · 1871
  3. Phœnix Manufacturing Co. v. BogardusIllinois Supreme Court · 1907
  4. Bank of Commerce v. Riverside TrailsAppellate Court of Illinois · 1977
  5. Chris-Craft Industries, Inc. v. Van ValkenbergSupreme Court of Florida · 1972

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