Warner v. Crane
Illinois Supreme Court
This was an action of assumpsit, tried at the June term, 1857, of the County Court of Winnebago county. Both defendants appeared andf pleaded, and judgment against defendants for $183.48, and costs of suit, from which judgment defendant Warner alone appealed to this court. Plaintiff declared in an action of assumpsit against both defendants. The declaration contained one special count and the common counts.
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This was an action of assumpsit, tried at the June term, 1857, of the County Court of Winnebago county. Both defendants appeared andf pleaded, and judgment against defendants for $183.48, and costs of suit, from which judgment defendant Warner alone appealed to this court. Plaintiff declared in an action of assumpsit against both defendants. The declaration contained one special count and the common counts. The special count was upon the note of said defendants, U. M. Warner and Ben. Davis, for the sum of two hundred dollars, dated August 13, 1856, payable to Edward M. Kitchell, or order,…
1Opinion of the CourtWalker, J.
The doctrine seems to be well settled, that the extension of time and giving further day of payment by the creditor, on a valid and binding agreement with the principal debtor, without the assent of the surety, discharges the latter from liability on the contract. Davis v. The People, 1 Gil. R. 409 ; McHatton v. The People, 2 Gil. R. 638. And the special pleas in this case allege that the payee of the note thus gave time to the principal debtor, without the assent of the surety. They substantially presented a good defense to the action against appellant. One of them avers that the assignment…
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