Bour v. Pinney

Appellate Court of Illinois

Bour v. Pinney

80 Ill. App. 51, 1898 Ill. App. LEXIS 371

CourtAppellate Court of Illinois

DecidedJanuary 24, 1899

StatusPublished

Cited by1 cases

This text of 80 Ill. App. 51 (Bour v. Pinney) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bour v. Pinney, 80 Ill. App. 51, 1898 Ill. App. LEXIS 371 (Ill. Ct. App. 1899).

Pincite

Opinion

1. Negotiable Paper—Acceptance of—Presumptions. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Ththill, Judge, presiding. Affirmed. Opinion filed January 24, 1899.

Opinion by Mr. Presiding Justice Freeman holds, upon the authority of Wilhelm v. Schmidt, 84 Ill. 183, 187, and Stone & Gravel Co. v. Gates Iron Works, 124 Ill. 623, 627, that the mere acceptance by the creditor of a negotiable note of a third person, makes it but collateral security; and when given for a pre-existing debt, the presumption is that it was not the intention of the parties that it should operate as an immediate and absolute satisfaction and discharge of the debt, in the absence of an actual agreement, or evidence justifying a positive inference to that effect.

Affirmed.

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1. Negotiable Paper—Acceptance of—Presumptions. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Ththill, Judge, presiding. Affirmed. Opinion filed January 24, 1899.

Opinion by Mr. Presiding Justice Freeman holds, upon the authority of Wilhelm v. Schmidt, 84 Ill. 183, 187, and Stone & Gravel Co. v. Gates Iron Works, 124 Ill. 623, 627, that the mere acceptance by the creditor of a negotiable note of a third person, makes it but collateral security; and when given for a pre-existing debt, the presumption is that it was not the intention of the parties that it should operate as an immediate and absolute satisfaction and discharge of the debt, in the absence of an actual agreement, or evidence justifying a positive inference to that effect.

Affirmed.

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Bluebook (online)

80 Ill. App. 51, 1898 Ill. App. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bour-v-pinney-illappct-1899.

Opinion

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