Latta v. Granite Live Stock Insurance, 202 Ill. App. 496 (1916)

Oct. 13, 1916 · Illinois Appellate Court
202 Ill. App. 496

Will H. Latta, Appellant, v. Granite Live Stock Insurance Company and Lillian Levy, Appellees.

(Not to be reported in full.)

Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers and Hon. Sain Welty, Judges, presiding. Heard in this court at the April term, 1916.

Affirmed.

Opinion filed October 13, 1916.

Certiorari denied by Supreme Court (making opinion final).

Statement of the Case.

Bill in chancery by Will H. Latta, complainant, against the Granite Live Stock Insurance Company and Lillian Levy, defendants, to require the defendant corporation to pay a note given by the complainant to the individual defendant. Both defendants answered the bill and the individual defendant filed a cross-bill praying that the complainant be required to pay the note. From a decree dismissing the bill and granting the relief prayed in the cross-bill, complainant appeals.

Bays urn & Buck, for appellant.

DeHange, Gillespie & DeMange and Fiper & Bohrer, for appellees.

Abstract of the Decision.

Bills and notes, § 50 * —when note is based upon sufficient consid-. eration. On a bill to compel a corporation to pay a note given by complainant, a stockholder of defendant corporation, to an individual defendant, the wife of an officer of the corporation, in alleged consideration that he resign and of settlement of a claim of the husband against the corporation, evidence held sufficient to sustain findings that the note was complainant’s own obligation and that it was based upon sufficient consideration.

Hr. Justice Graves

delivered the opinion of the court.