Start v. Moran
Appellate Court of Illinois
Error to the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Action of assumpsit on guaranty brought by defendants in error against plaintiff in error. The note and guaranty thereon were as follows t $650. Chicago, February 26, 1880. a Six months after date I promise to pay to the order of D. H. Tolman & Co., six hundred and fifty dollars, payable at their office, value received, with interest at 8 per cent, per annum. G. E. Boyles.”
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Error to the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. Action of assumpsit on guaranty brought by defendants in error against plaintiff in error. The note and guaranty thereon were as follows t $650. Chicago, February 26, 1880. a Six months after date I promise to pay to the order of D. H. Tolman & Co., six hundred and fifty dollars, payable at their office, value received, with interest at 8 per cent, per annum. G. E. Boyles.” Indorsed: <[S. S. Start. 4C Pay to P. Moran & Go. 66 D. H. Tolman & Co., without recourse on D. H. Tolman & Co.” Payment guaranteed by…
1Opinion of the CourtGarrett, J.
The plaintiff in error objects to the judgment below, on the ground that neither of the considerations set forth in the declaration was proven as alleged. Whether that point is sound on the merits may be doubted, but the recoid is in such condition that the question can not be raised in this court. The objection to the admission in evidence of the note and indorsement was that they were incompetent and irrelevant; that they were variant from the cause of action described in the declaration, and that no consideration had been shown for the supjiosed guaranty. There can be no pretense that the…
2Cases cited2 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- St. Clair County Benevolent Society v. FietsamIllinois Supreme Court · 1881
3Cited by6 opinions
- American Express Co. v. RisleyAppellate Court of Illinois · 1898
- Lake Shore & Michigan Southern Railway Co. v. WardAppellate Court of Illinois · 1890
- McCormick Harvesting Machine Co. v. BurandtAppellate Court of Illinois · 1890
- Chicago Stove Works v. LallyAppellate Court of Illinois · 1891
- Thomson v. BarkerAppellate Court of Illinois · 1902
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