McMullen v. Vanzant

Citations

• 73 Ill. 190

Syllabus

<p>1. Chanceby jurisdiction—specific performance. Where the maker of a promissory note obtains from the holder its possession, under promise to return the same or execute a new one of the same tenor and effect, for the same amount, and destroys the same, and refuses to give a new one, a court of equity will have jurisdiction to compel him to specifically execute his agreement, notwithstanding there may be a remedy at law.</p> <p>2. Parties in chancery—joinder of husband in suit for wife’s benefit. Where a husband holding a promissory note executed by another gives the same to his wife, on separation, for her separate use and maintenance, and it is obtained from her by the maker upon his agreement to give her a like note for the same amount, and the husband and wife afterwards come together, on bill by the wife to compel a specific execution of the contract by the maker of the note, the husband is a proper party complainant witli the wife in order to bar himself from ever after asserting any claim to the new note.</p>