Tyler v. Hyde
Appellate Court of Illinois
Assumpsit, on a promissory note. Trial in the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Finding and judgment for defendants. Error.
1Opinion of the CourtJustice Sears
The only question necessary to be considered is as to the sufiiciency of the evidence to sustain the verdict. But one issue of fact was submitted, viz.: was the second note accepted in payment of the note sued on, or was it merely given as additional security ? The giving of the second note for the same debt did not necessarily operate to extinguish the liability upon the first note. Wilhelm v. Schmidt, 84 Ill. 183; Walsh v. Lennon, 98 Ill. 27; Bond v. The L. & L. & G. I. Co., 106 Ill. 654; S. & G. Co. v. G. I. Works, 124 Ill. 623; Chisholm v. Williams, 128 Ill. 115.
These decisions distinctly…
2Cases cited5 opinions
- Cheltenham Stone & Gravel Co. v. Gates Iron WorksIllinois Supreme Court · 1888
- Wilhelm v. SchmidtIllinois Supreme Court · 1876
- Walsh v. LennonIllinois Supreme Court · 1880
- Bond v. Liverpool & London & Globe InsuranceIllinois Supreme Court · 1883
- Chisholm v. WilliamsIllinois Supreme Court · 1889
3Cited by1 opinion
- Erlandson v. ErskineMontana Supreme Court · 1926