McDonald v. Harris
Appellate Court of Illinois
Assumpsit, on a guaranty. Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Statement of the Case. This suit was brought by appellee, Harris, against appellant, McDonald, to recover certain rent, claimed to be due on a lease from Harris to one Hogan, which, it is claimed, McDonald guaranteed. The lease covered premises in the city of Chicago.
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Assumpsit, on a guaranty. Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Statement of the Case. This suit was brought by appellee, Harris, against appellant, McDonald, to recover certain rent, claimed to be due on a lease from Harris to one Hogan, which, it is claimed, McDonald guaranteed. The lease covered premises in the city of Chicago. The term was one of five years beginning on the first of May, 1891. The rent reserved was $600 per month. The lease was dated, executed and delivered on the seventeenth day of February, 1891. There appears written…
1Opinion of the Court
Mr. Justice Seaes delivered
the opinion of the Coubt.
It is contended on behalf of appellant:
1st. That the verdict is against the weight of the evidence as to the date of the execution of the guaranty.
r 2d. That the guaranty does not, upon a strict construction of its terms, undertake to guarantee payment of rent.
3d. That the court erred in giving certain instructions.
4th. That a new trial should have been granted on the ground of newly discovered evidence.
There was a conflict in the evidence as to the time when the guaranty was executed.
Appellant testifies that it was not executed until June…
2Cases cited10 opinions
- Locke v. McVeanMichigan Supreme Court · 1876
- First National Bank v. GerkeCourt of Appeals of Maryland · 1888
- Klein v. CurrierIllinois Supreme Court · 1852
- Chapman v. ChapmanIllinois Supreme Court · 1889
- Crist v. BurlingameNew York Supreme Court · 1862
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3Cited by2 opinions
- Southwestern Surety Ins. v. United States Fidelity & Guaranty Co.Supreme Court of Oklahoma · 1919
- Tidewater Coal Exchange, Inc. v. American Surety Co.Superior Court of Delaware · 1928