Kilbourne v. State Savings Institution of St. Louis,
63 U.S. 503 (1859)

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U.S. Supreme Court

Kilbourne v. State Savings Institution of St. Louis, 63 U.S. 22 How. 503 503 (1859)

Kilbourne v. State Savings Institution of St. Louis

63 U.S. (22 How.) 503



Where no question was raised upon the trial of the case in the court below for the consideration of this Court, nor did the plaintiff in error, by counsel or otherwise, make one here, the judgment will be affirmed with costs and interest at the rate of ten percent per annum.

Page 63 U. S. 504

This was an action brought by way of petition by the State Savings Institution in Missouri against Edward Kilbourne, R. B. Foote, Coleman & Foote, Anson L. Deming, and Henry K. Love, citizens of the State of Iowa, upon a bill of exchange for $1,410.37, drawn by Coleman & Foote upon Edward Kilbourne, payable to the order of R. B. Foote, one hundred and twenty days after date, and which passed by endorsement to the state Savings Institution of St. Louis; afterwards, there were consolidated with this suit two others, one upon a bill for $1,526.23, and a third upon a bill for $3,000. The judgment of the court was as follows:

"It is therefore considered by the court that plaintiffs recover of said Coleman & Foote and Edward Kilbourne, as principals, and R. B. Foote, A. L. Deming, and H. K. Love, sureties, the sum of $6,440 aforesaid, with their costs in this behalf expended, to be taxed by the clerk."

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