William Deering & Co. v. Cunningham

*175The opinion of the court was delivered by

Johnston, J.:

This was an action to recover upon a promissory note for $100, bearing interest at the rate of ten per cent, per annum from date, given by J. C. and Mary E. Cunningham to Maud L. Sherrill. It is one of a series of notes given in pursuance of an agreement, of which the following is a copy :

“This Agreement, Made and entered into by and between J. C. Cunningham, and E. Sherrill and Maud L. Sherrill, witnesseth :

“That the said E. Sherrill is to dismiss, at his cost, the suit now pending in the state of Illinois entitled E. Sherrill against…