Gay v. Rainey

Citations

• 89 Ill. 221

Syllabus

<p>1. Assignment—delay in execution working no injury. The assignee of a promissory note will not release the liability of his assignor by a delay in issuing execution against the maker and having his property sold, when the delay works no injury to the assignor.</p> <p>2. Same—where made—at place of delivery. Where a note was executed by parties in this State, and sent to the payee in Louisiana, where he indorsed the same and returned it by mail to the makers, to be negotiated by them for their accommodation, who negotiated and delivered the same in this State, it was held that the contract of indorsement was made in this State and at the time of the delivery of the note. Before sale and delivery, the indorsement by the payee of a note is no contract, and may be erased by him at pleasure.</p> <p>3. Judgment—several at same term.—apportionment of proceeds of sale of land. Where several judgments are rendered at the same term of court against a defendant in favor of different persons, such judgment creditors, under -the statute, are entitled to share pro rata in the proceeds arising from a sale of the defendant’s real estate by the sheriff, no matter on which judgment and execution the sale is actually made, if all the executions are at the time in the sheriff’s hands.</p> <p>4. Lex loci—governs as to the legal construction of contract. The law of the place where a contract is made must govern as to the liabilities it imposes when its enforcement is sought elsewhere.</p> <p>5. Contract—place where made. The place where a contract is made depends not upon the place where it is actually written, signed or dated, but upon the place where it is delivered as consummating the bargain.</p>