Legal Opinion

Milligan v. Holbrook

Appellate Court of Illinois

Decided February 9, 1897Published

Assumpsit, upon a guaranty. Appeal from Circuit Court, Cook County; the Hon. Thomas G-. Windes, Judge, presiding.

1Opinion of the CourtJustice Waterman

Appellant brought suit against appellee, alleging that he guaranteed the note of one E. W. Day for $8,000, payable to appellant. At the same time suit was brought against Day as maker. By agreement, both suits were tried together without a jury. The court found that appellee was not a guarantor, but a simple indorser, and rendered judg-fc ment against appellant.

The instrument under consideration is as follows :

§8,000. “Chicago, Jan. 2, 1893.

Hov. 1st, ’93, after date, 1 promise to pay to the order of C. F. Milligan, eight thousand dollars, valued received, with interest at-per cent per annum.

Th…

2Cases cited3 opinions

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Eberhart v. PageIllinois Supreme Court · 1878
  3. Delamater v. KearnsAppellate Court of Illinois · 1890

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