Stein v. Jones
Appellate Court of Illinois
Appeal from County Court of Cook county; the Hon. Richard Prendbrgast, Judge, presiding. Action of covenant was brought in the county court by appellee against appellant and one W. Bedord; appellant alone was served and pleaded non, est factum, and a special plea settingup that he signed the lease as surety for Bedord only, and that this .fact was known to plaintiff.
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Appeal from County Court of Cook county; the Hon. Richard Prendbrgast, Judge, presiding. Action of covenant was brought in the county court by appellee against appellant and one W. Bedord; appellant alone was served and pleaded non, est factum, and a special plea settingup that he signed the lease as surety for Bedord only, and that this .fact was known to plaintiff. That in the month of September, 1885, they entered into an agreement with Bedord by which he permitted said Bedord to assign the lease and premises to Rosenberg & S. and agreed to accept them as tenants and did collect rent of…
1Opinion of the CourtMoran, J.
Whether one who signs a lease, bond, or other sealed instrument, without anything in the writing or method of signing to indicate that he signed as surety and not as a principal, may show by parol that he did sign as surety and to the knowledge of the other party to the instrument, we do not find it necessary in determining this case to decide. We may say, however, that the decided cases appear to give support to the affirmative of the proposition.
Here the evidence offered by the defendant, Stein, to discharge him from liability on the covenant of the lease to pay rent, would not avail for…
2Cases cited6 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- White v. WalkerIllinois Supreme Court · 1863
- Greenman v. HarveyIllinois Supreme Court · 1870
- Locke v. Postmaster GeneralU.S. Circuit Court for the District of Massachusetts · 1824
- Tate v. WymondIndiana Supreme Court · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dietz v. SchmidtAppellate Court of Illinois · 1888