Legal Opinion

White v. Western State Bank

Appellate Court of Illinois

Decided March 21, 1905No. Gen. No. 11,584PublishedCited by 2 opinions

Action of assumpsit.. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Statement by the Court. This is an action of assumpsit on an alleged guaranty brought by appellee against appellant. The trial resulted in a judgment for $2,543.75 in favor of appellee, and this appeal is prosecuted to reverse the judgment. The declaration consists of three special counts and the common counts.

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Action of assumpsit.. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge, presiding. Statement by the Court. This is an action of assumpsit on an alleged guaranty brought by appellee against appellant. The trial resulted in a judgment for $2,543.75 in favor of appellee, and this appeal is prosecuted to reverse the judgment. The declaration consists of three special counts and the common counts. Appellant pleaded the general issue and no consideration. Issues were joined on these pleas. On the trial a note for $2,500 signed by the Delaney Stone Co., payable to appellee…

1Opinion of the CourtJustice Smith

delivered the opinion of the court..

It is urged by appellant that where a guaranty is made, after the completion of a note or contract there is no presumption of consideration, but the contrary, and the plaintiff must prove a new and express consideration in order to enforce it; and that the ruling of the trial court- in this, case that a consideration was to be presumed, was erroneous. Appellant did not except to the ruling of the court. Objection' to it is now urged for the first time. “It comes too. late.” In Montague v. Selb et al., 106 Ill. 49, the court, said: “We have often held a…

2Cases cited2 opinions

  1. Montague v. SelbIllinois Supreme Court · 1883
  2. Kankakee & Illinois River Railroad v. ChesterIllinois Supreme Court · 1871

3Cited by2 opinions

  1. Drovers National Bank v. BrowneCalifornia Court of Appeal · 1928
  2. Drovers National Bank v. BrowneCalifornia Court of Appeal · 1928

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