Lawrence v. Johnson

Decided September 15, 1872

Illinois Supreme Court · decided 1872-09-15

Appear from the Circuit Court of Livingston county; the Hon. L. E. Payson, Judge, presiding. This was an action of assumpsit, brought by Sardis S. Lawrence, for the use of Mary A. Bedell, against William Oleary,. Darius Johnson, Adolph Brucker and Henry Greénebaum, on a promissory note executed by the defendants. Cleary was not served with process.

Relies on Nolan v. Jackson

Good law ✅— No negative treatment on recordhow we know

A trial by the court, the jury being waived, resulted in… · Decided 1872-09-15

How this case has been cited

Cited by 3 later decisions — most recently November 1945

1 district · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam :

¶1In this case, Winston being merely an agent to collect the note, had no power to extend the time of payment, and thus discharge the sureties, without the consent of his principal. Nolan v. Jackson, 16 Ill. 274.

¶2We are also of opinion that the defendants did not prove a contract to extend the time of payment, except one of a conditional .character. Even if Winston had had authority, he made no binding contract.

¶3The judgment of the court below is reversed and the cause remanded.

¶4Judgment reversed.