, 1879-05-29

4u0bH 41AAAH4GAs
It Is claimed by tho supporters Of Judge
McAI11s1EH, rs QUO OF tho reasons why ho
should be re.eleotud, that ho Is we'll posted
in tho principles OF tho common law. Tint
this claim is not without foundation, his per-
for1nances as an attorney In the case Of
PARmE1EE ct al. p't. LAWRENCE, reported III tho
forty.fourth volume Of tl,e Illinois Reports,
page 4D5. would soem to Indicate. In this
DECISION ihe supramo Court sot forth in no
uncertain torlns slleir opinion Of Judge Mo-
A1.1tsTEH, not only ~ n lawyer, but rs n rnan.
For tho boneftt Of those who would lcarn
something of hin character whilo at tho 1}ar,
aud may not DO able roalily I'd obtain access
to this Report, we quote sosno portions Of this
opinion. rendered by Judge LAwngNuE, than
upon tho Deuch, which show how Judge
AIoA111sTER. M u lawyer, attempted to 1uaks
use OF his knowledge Of that principle of tho
common law relating to the discharge Of
surety Lya settlement with the co-snroty for
tho purpose Of defrauding m innocent man
ont Of lls money. We quote direct from thu
decision:
"pAmNELEE. GAbE, JOHNSON. nnd D1aEIow,
partners, l0lng buHineas In Chicago nn,lur tho
bAiAI VI Et AHNAhEA " Abtt uuIf4Nctl VI 4AH4tL
LAWRENCE. Of MedfoFd. Mass., tho snm OF .S:0,-
o03. To secu7b sts payment In Ave annual Install!
m,cuts, with 1U per cent interest. taoy conveyed TO
LAwMENrE Ceftaln real estHta sitnatGd In the City
Ut Ch!caQp. Il part Of Which rms held BY thctn un-
der d long lease. md pHet Under contract Of
purchase. Their dscd to LAwHENch retcEs to
thesn Instruments. and binds tho grantors 10 pay
the rent and The unpnld purchase money, and thu
granoss covenant That tho premises arc frcb from
a ,Mcumhrnnces, 'sxccpt the said lensu and artt
ces Of agreement Tho docd aiho c0ntalnu coyB
nant for quiet enjoyment. Contctnrorantunsly
with the execution Of tlia deed, contract wAs
| execntpd by and butNeon tho HaHlc parties which
WIS, In forn contract Of sao for tho tane prem
,ses and bY The psDYtslons Of which rANHsLEs s.
Co. nssurd TO pay tho 9;'n. 600 in ayc annunl In
elallments. With III per cent interest, and,1.Aw.
| HENCE coronantcs, upon such payment, to conyer
10 ttrr tho picmhrs, fFfc from al fHcaHbraHres,
| ~ good and sufficient aucdv They paid
tie interest to April. 1901, but none OF
| tho principal From that datc thoy
ceased to pay. On Tho 4th Of August
| 1871, PAnnELEE, GAZE, MID nIuELow died thetc
bill In caancsry ssa'nst LAwnsHcE In which. con.
trafiag the true 8aEuFe Of ths fraasac!lUn, ciaM-
| Ing that iAey ,rrtd pHrrhGstry fruAa IAwnESoE,
ant snpprtssjna fhs fatt that Aey had coartytd
to him. they act out tho CONTRACT aYcs tIcr readi
| meas to ps5, but nso aver shat LAWRENCE wAa tn
abIu ia convey 10 them perfect tt!s according to
EuFCtaauk4 I'll Eul@tkANly 10 Nb i1AA An% wv
fec In thu preta1ses but was nevertheless thrcat.
cpsnE 10 tnku Legal slopA tU COLLECT tho money and
| IL estct hsn from tAu premises. Tho bill was
| sHorH &o by one Of tho cempHinants. and prayed
/ m injunction. which WAS Ersnted. JOHNSON did
not loin Ia this bill, II ths othcr pattac had pnr
chasci his Interest. LAwMENux answered, and also
alcl ctoHx btl! setting forth tho lrua uatusu Of
tho transaction, briuglng before the Court thu
drvd frou, PAnnk1EE aud h!s CO cosnplainann IL
him, and claiming that the entlro transaction
Amounted lucruly to 4 loan Ut inuney and nost-
sago 10 sgcute tta paymunt. lin prayed 4 decree
thai tho debt bo uaa OF thu psemisos sold. On tho
Fiji, .! 8eptcMbes, 1864, IsluEInw. GAaE. and
pARanIEk hlcd tteis sapolc'nental bill. wherein
thcy set MI that, On tho Eth day OF August,
1904, Ut l'oston, Mas, lllasLow had a
aestlsmrnt With LawNkscE of the moneys
lue LAwAEkck nrisr the aFtlcles aud that hlu8.
Low paid LAwnEAca S.22, ST In full satisfaction
i of IiiGELo~''a share, Ihuy caimed that, stNca
their covenants worn jo!ut covenants. therefore
tAIs ngsce,nunt anl receipt Ia nuELuw wks salts.
fac!on, III law aud in fAct. Of all fht moneys die
1.AwmEscE. They prayol tho tel!et prayed III
their original bif aud further. that their covenants
tn the articles Uu decfaoa to bu discharged, and
thai they u.iRilt be lecscoi discharged from all.
clains uf LAWRENCE for H9naY upon tho articles,
aud thas LA~aEacx reeonsey and dscnaFgo ali
ltun Of fccutd. TAe position
which pAHxsL.R, UAaE, anu u4usIow NC.
cnry through thts entIre Eucosd IL not onu
Which entities thom to favorable confederation IN
soirlnK wh4tsyer doubts thefe may ~ ~ to The
nlauaer III which thlx Instrument " 10 bo intcr-
prrtrA. THY f'td th<lr origlHat bIi for The par-
pats of spadl"g, unoH VFttsttt thai srsrt stmuiy
(rIpo|oas, Ehs payment eGa ptrftds hontst at1i,
contracted for money borrowtd. They obtained
III lnlnactoa by utterly nisrepsosuuttng In thris
swora bill tls truo chaeactss Ut tho tsanaactlon,
Claiming to occupy tho position Of purchasers.
| Wlun III fact thcro had been nut ono element Of q
purchase When the enswer aud cross. bill bring
tho Aelua! stata Of facts bdfoso Tho Court. they
caat about Tor another noda at csadluK payment u
au honest dctt. uluElow, 4 ktns,nsu Of Law
nEacE, mud u such tho better ahlo to dual With
him at sa advantage, goes to Hoaton 10 mako N
I arrangement. The attorney Of appellant tMoAt-