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· 4/15/1866

Hoyt v. Lock

Citations

  • 41 Ill. 119

Syllabus

<p>1. Contribution—as between the several makers of a note. When one of several makers of a note pays the note, he can compel, by suit, his co-makers to contribute their proportion.</p> <p>2. Evidence—under the general issue. In an action by one of several makers of a note, who claims to have paid the note, against his co-makers for contribution, a special plea setting up that after the note was given, it was agreed between the owner of the note and the makers, that a part of the makers should pay one-half the note, and the others the remaining half, and the party thus paying his share to be discharged from further liability, and that the note was paid according to such agreement, was held bad as amounting only to the general issue.</p>

Judges: Breese

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