Mueller v. Dobschuetz
Illinois Supreme Court
Writ of Error to the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This action was instituted by the plaintiff in error against defendants in error, to recover the amount claimed to be due on the following promissory note: “$1500.00 Belleville, III., February 20,1874. Two months after date, we promise to pay to the order of George Mueller fifteen hundred dollars, for value received, negotiable and payable without defalcation or discount,…
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Writ of Error to the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This action was instituted by the plaintiff in error against defendants in error, to recover the amount claimed to be due on the following promissory note: “$1500.00 Belleville, III., February 20,1874. Two months after date, we promise to pay to the order of George Mueller fifteen hundred dollars, for value received, negotiable and payable without defalcation or discount, and with interest from date at the rate of ten per cent per annum. Henry Abend. Dobschuetz & Abend. Fred. E. Scheel.”…
1Opinion of the CourtJustice Scholfield
It is enough to say of the last agreement of release that it is upon the express condition that it shall not be binding unless assented to by all the creditors, and the evidence shows that it was not thus assented to. It is unimportant that some or all of the creditors not thus assenting have since received their pro rata part. It does not appear that they have ever assented to the terms of the release or that they accepted the amounts paid them in discharge of their claims against Abend, and, in the absence of such proof, we perceive nothing to prevent their recovering judgment against him…
2Cases cited3 opinions
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Viele v. HoagSupreme Court of Vermont · 1851
- Morse v. HuntingtonSupreme Court of Vermont · 1868
3Cited by10 opinions
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- United States v. WainerCourt of Appeals for the Seventh Circuit · 1954
- Southern Michigan National Bank v. BylesMichigan Supreme Court · 1887
- Griffin Wellpoint Corp. v. Engelhardt, Inc.Appellate Court of Illinois · 1980
- Boatmen's Savings Bank v. JohnsonMissouri Court of Appeals · 1887
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