Holmes v. Partridge

Full title: W. F. Holmes, Appellee, v. W. F. Partridge, Appellant

Court: Appellate Court of Illinois

Date published: Apr 6, 1940

305 Ill. App. 162 (Ill. App. Ct. 1940)

26 N.E.2d 1000

Opinion

Gen. No. 9,519. (Abstract of Decision.)

Opinion filed April 6, 1940 Rehearing denied May 9, 1940

NEGOTIABLE INSTRUMENTS, § 38^_ — judgment note, as joint. Lower court erroneously refused to vacate judgment by confession entered on two notes, where the notes were executed by four makers, two of the makers had died, and the warrant of attorney was joint rather than joint and several, being very similar to warrant of attorney held to be joint in Duggan v. Kupitz, 301 Ill. App. 230.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Livingston county; Hon. RAY SESLER, presiding.

Reversed and remanded with directions. Heard in this court at February term, 1940.

Powers Powers, for appellant;

Hall, Mitchell Petz, for appellee.

Opinion by JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed April 6, 1940; rehearing denied May 9, 1940.