Tinker v. Babcock
Illinois Supreme Court
Appeal, from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. This is a proceeding in chancery by Robert H. Tinker and F. G. Tibbits, who are the appellants here, against Thomas D. Gatlin and the heirs and devisees of Benjamin H. Campbell, deceased, seeking to discharge appellants’ liability upon a promissory note.
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Appeal, from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. This is a proceeding in chancery by Robert H. Tinker and F. G. Tibbits, who are the appellants here, against Thomas D. Gatlin and the heirs and devisees of Benjamin H. Campbell, deceased, seeking to discharge appellants’ liability upon a promissory note. In the circuit court of Cook county, where this proceeding was begun, the court sustained a demurrer to the bill. An appeal was prosecuted to the Appellate Court for the First…
1Opinion of the CourtJustice Wilkin
The demurrer admitting all facts well pleaded, the question for our determination is whether or not the bill, upon its face, presented such a case as would give appellants a standing in a court of equity. Relief is sought against the heirs and devisees of Campbell on the one hand and against Catlin on the other. As to the former, they are not proper parties to the bill. The liability of Benjamin H. Campbell, by virtue of his signing the note in question, is a claim which could only be presented against his estate. The executor of that estate, its legal representative, not being made a party,,…
2Cases cited1 opinion
- Hoffman v. WildingIllinois Supreme Court · 1877
3Cited by4 opinions
- Jennings v. HillsAppellate Court of Illinois · 1927
- Witherstine v. SnyderAppellate Court of Illinois · 1924
- Hooper v. General Electric X-Ray Corp.Appellate Court of Illinois · 1935
- Union Trust Co. v. ShoemakerAppellate Court of Illinois · 1912