Milligan v. Holbrook
Appellate Court of Illinois
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
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Eberhart v. PageIllinois Supreme Court · 1878
- Delamater v. KearnsAppellate Court of Illinois · 1890