Delamater v. Kearns
Appellate Court of Illinois
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
- Klein v. CurrierIllinois Supreme Court · 1852
- Mason v. BurtonIllinois Supreme Court · 1870
- Eberhart v. PageIllinois Supreme Court · 1878
- Glickauf v. KaufmannIllinois Supreme Court · 1874
- Tatum v. BonnerMississippi Supreme Court · 1854
3Cited by1 opinion
- Milligan v. HolbrookAppellate Court of Illinois · 1897