Joslyn v. Collinson
Illinois Supreme Court
This was an action of assumpsit upon a special guarantee, brought by the appellee against the appellant. The declaration contains three counts. To the first and third counts a nolle pros, was entered in the court below.
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This was an action of assumpsit upon a special guarantee, brought by the appellee against the appellant. The declaration contains three counts. To the first and third counts a nolle pros, was entered in the court below. The second count is upon a special guarantee, and alleges, “that, on the 20th day of September, 1857, at Woodstock, to wit, in said county of McHenry, one W. W. Paine made his certain promissory note in writing, bearing date the day and year aforesaid, and then and there delivered the same to one L. W. Baldwin, in and by which said note said W. W. Paine promised to pay to said…
1Opinion of the CourtCaton, C. J.
This declaration is upon a special guarantee of a promissory note, and shows that the guarantee was entered into and placed on the note after the note had been delivered and after it had been negotiated to the plaintiff, and it shows no new consideration for the guarantee. When a guarantee is put upon a note, at the time of its execution, and so is a part of the original transaction, no new consideration is necessary to support it, but when it is entered into subsequently, it is a new and independent undertaking, and must be supported by a new and independent consideration, and the pleading…
2Cited by7 opinions
- Judson v. GookwinIllinois Supreme Court · 1865
- Dillman v. NadelhofferIllinois Supreme Court · 1895
- Favorite v. StidhamIndiana Supreme Court · 1882
- Haven v. Chicago Sash, D. & B. Co.Appellate Court of Illinois · 1901
- Kingsland v. KoeppeAppellate Court of Illinois · 1889
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