Belleville Savings Bank v. Bornman
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. W. H. Snyder, Judge, presiding.
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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. W. H. Snyder, Judge, presiding. This is an appeal from the judgment of the Appellate Court, for the Fourth District, affirming the judgment of the St. Clair circuit court, disallowing a claim presented by the Belleville Savings Bank against the estate of Conrad Bornman, deceased, which was heard in that court, by the court, without a jury, on appeal from the probate court of that county. The claim filed in the probate court was evidenced by the…
1Opinion of the CourtJustice Shope
When Conrad Bornman wrote his name, as guarantor, upon the draft of the Belleville Nail Mill Company, of the date of •July 17,1874, he imposed, as a condition to its acceptance by the plaintiff hank, that Edward Abend should become his co-.guarantor thereon, of which the bank had actual notice prior to its acceptance of the draft. Bornman had the right to impose this condition, and the delivery of the instrument being ■conditional, created no liability until tbe condition was performed. It was competent to prove such condition and noncompliance therewith by parol, not as tending to vary or…
2Cases cited13 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Alford v. BakerIndiana Supreme Court · 1876
- Flower v. ElwoodIllinois Supreme Court · 1872
- Hall v. ParkerMichigan Supreme Court · 1877
- Fletcher v. AustinSupreme Court of Vermont · 1839
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3Cited by28 opinions
- Hodge v. SmithWisconsin Supreme Court · 1907
- Baker v. SalzensteinIllinois Supreme Court · 1924
- Garrett v. PattonWest Virginia Supreme Court · 1918
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- State Bank of East Moline v. CirivelloIllinois Supreme Court · 1978
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