Peterson v. Swanson
Appellate Court of Illinois
1Opinion of the CourtJustice Barnes
This is an action on a promissory note, tried before the court without a jury. The finding was against defendant in the sum of $5,824, and from the judgment entered thereon this appeal is brought.
The action is based on the theory of defendant’s liability as a maker of the note. The theory of the defense is that he was an indorser and as such not liable because of failure to give him .notice of default of payment. It is conceded that the notice required by law to be given an indorser was not given defendant, and that if he placed his signature on the note in that capacity he is not liable.
The…
2Cases cited10 opinions
- McMurray v. . NoyesNew York Court of Appeals · 1878
- Cowan v. RobertsSupreme Court of North Carolina · 1904
- Germania National Bank of Milwaukee v. MarinerWisconsin Supreme Court · 1906
- Cowan v. . RobertsSupreme Court of North Carolina · 1904
- Gage v. Mechanics' National BankIllinois Supreme Court · 1875
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3Cited by5 opinions
- Ochs v. HindmanDistrict Court, N.D. Illinois · 2013
- Ritzau v. Warm Springs WestCourt of Appeals for the Ninth Circuit · 1979
- Schaeffle v. NolanCalifornia Court of Appeal · 1953
- Skolnik v. Susco ProductionAppellate Court of Illinois · 1953
- Philip B. Ritzau and Pamela Ritzau, His Wife v. Warm Springs West, Robert L. Brown, Jr. And Cornelia Brown, His Wife, Philip B. Ritzau and Pamela Ritzau, His Wife v. Frederick W. Kimball, Philip B. Ritzau and Pamela Ritzau, His Wife v. Richard W. Lomas and Jeanne Lomas, His Wife, Philip B. Ritzau and Pamela Ritzau, His Wife v. John C. Albertson, Gayle P. Albertson, His Wife, and Peter Flood,defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1979