Legal Opinion

Richardson v. Schirtz

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 3 opinions

Appeal from the Circuit Court of Woodford county • the Hon. S. L. Richmond, Judge, presiding. This was a suit brought by Charles R. Richardson, as assignee of Thomas Meighan, against Andrew Schirtz and Henry Hershberger, upon a promissory note for the sum of §50.55, written in the English language, executed by the defendants in favor of Meighan, and assigned by the latter to the plaintiff. The circuit court rendered judgment for the defendants, and the plaintiff appeals.

1Per curiam

This was an action originally brought before a justice of the peace, in favor of an assignee, before maturity, upon a promissory note, for the sum of $50.55, signed by Schirtz and by Hershberger as his surety.

On the trial of the cause in the court below, on appeal, evidence was given tending to show that át a public sale, had by Thomas Meighan, the payee of the note, Schirtz purchased “ hedge plants ” to the amount of $5.50; that the clerk of the sale wrote the note, and told the signers at the time they signed it, in the presence and hearing of the payee, that it was for the sum of $5.50,…

2Cited by3 opinions

  1. Green v. WilkieSupreme Court of Iowa · 1896
  2. Bancredit, Inc. v. BetheaNew Jersey Superior Court Appellate Division · 1961
  3. Muhlke v. HegernessAppellate Court of Illinois · 1894

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