Case Details

Thornton et al. v. Smiley

Case # Not Listed

Appellant/Plaintiff

John Thornton et al.

Appellee/Defendant

George Smiley, John Bradshaw

Appellant/Plaintiff Attorneys

Not Listed

Appellee/Defendant Attorneys

Not Listed

County of Origin

Union County

Justice

Terms of Court

December 1820

Type of Case

Not Listed

Disposition

Affirmed

Citation

1 ill 34

Case Summary

Smiley and Bradshaw executed a promissory note to Hezekiah West, administrator of Weaver's estate, for a loan made solely by West. Thornton, as co-administrator, brought suit against Smiley and Bradshaw, who objected to improper party joinder. The circuit court sustained the objection and ruled for Smiley and Bradshaw. Thornton appealed to the Illinois Supreme Court, which affirmed the judgment. The Court found no authority for the administrator to loan estate money, making him personally responsible. As the note was solely in West's name, joining co-administrators was deemed improper.