Legal Opinion

Gardner v. Girtin

Appellate Court of Illinois

Decided February 25, 1897PublishedCited by 1 opinion

Assumpsit, on a promissory note. Error to the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding.

1Opinion of the CourtJustice Wall

This was assumpsit upon a promissory note for $1,000, signed by Jno. J. Girtin and Wm. G. Girtin, payable to Nash, Wright & Co., ninety days after its date, September 6, 1889.

The note was indorsed to the plaintiff Gardner. There was no service upon the defendant John J. Girtin. The defendant Wm. C. Girtin made the defense that the note was given for the consideration of a balance due the payees upon certain transactions on the board of trade, in Chicago, which were in violation of the statute against option dealing in grain, and was void for that reason.

There was a verdict and judgment…

2Cases cited4 opinions

  1. Pope v. HankeIllinois Supreme Court · 1894
  2. Tenney v. FooteIllinois Supreme Court · 1880
  3. Miles v. AndrewsAppellate Court of Illinois · 1891
  4. Goetz v. SonaAppellate Court of Illinois · 1896

3Cited by1 opinion

  1. Watson v. CoonIllinois Supreme Court · 1910

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