Legal Opinion

Delamater v. Kearns

Appellate Court of Illinois

Decided May 28, 1890PublishedCited by 1 opinion

Appeal from the County Court of Cook County; the Hon. Kichard Prendergast, Judge, presiding.

1Opinion of the CourtGarnett, J.

The only question calling for decision in this case is whether the contract sued on was a guaranty or indorsement.

The instrument relied on is this:

“ $210. Chicago, Ills., 1885.
“ One year after date I promise to pay to the order of Frances Kearns, two hundred and ten dollars, at my office, with interest at eight per cent per annum, value received.
“ Julia A. King.”

Written on the back were these words:

“ Endorsed by
“ N. B. Delamater.”

The presumption of guaranty arising from a Dank indorsement by a stranger to a note, is of no value in this case, as the indorsement with which we are dealing is not…

2Cases cited5 opinions

  1. Klein v. CurrierIllinois Supreme Court · 1852
  2. Mason v. BurtonIllinois Supreme Court · 1870
  3. Eberhart v. PageIllinois Supreme Court · 1878
  4. Glickauf v. KaufmannIllinois Supreme Court · 1874
  5. Tatum v. BonnerMississippi Supreme Court · 1854

3Cited by1 opinion

  1. Milligan v. HolbrookAppellate Court of Illinois · 1897

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