Bogue v. Melick
Illinois Supreme Court
This was an action of assumpsit by plaintiff in error against defendant in error, on a promissory note. The fourth count of the declaration is upon an alleged guaranty by the defendant, of a promissory note, and is as follows : For that whereas, also, the said Folsom,, Dorsett, William Dorsett and Rudolph Dorsett, heretofore, to wit, on the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and fifty-seven, at Chicago, to wit, at said- county…
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This was an action of assumpsit by plaintiff in error against defendant in error, on a promissory note. The fourth count of the declaration is upon an alleged guaranty by the defendant, of a promissory note, and is as follows : For that whereas, also, the said Folsom,, Dorsett, William Dorsett and Rudolph Dorsett, heretofore, to wit, on the twenty-ninth day of September, in the year of our Lord one thousand eight hundred and fifty-seven, at Chicago, to wit, at said- county of Cook, made their certain other promissory note in writing, bearing date the day and year last aforesaid, and then and…
1Opinion of the CourtCaton, C. J.
The defendant was sued as guarantor of this note, and unless he put his name on the back of it for that purpose, the judgment in his favor was right, for it is not insisted that the action can be maintained against him as indorser. The position which his name occupies is that of second indorser, and in order to impose a different liability upon him, it is necessary to show by extraneous proof that he did in fact become a party to the note in a different capacity. This is attempted to be done by showing that he put his name upon the note in its inception, and before it was put in circulation,…
2Cited by10 opinions
- Blatchford v. MillikenIllinois Supreme Court · 1864
- Kunde v. PrenticeIllinois Supreme Court · 1928
- Kayser v. HallIllinois Supreme Court · 1877
- Kopf v. YordyAppellate Court of Illinois · 1916
- Harnett v. HoldregeNebraska Supreme Court · 1905
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