Hippach v. Makeever
Appellate Court of Illinois
Assumpsit, on contract of guaranty. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding.
1ConcurrenceGary, P. J.
I concur, but add as a further opinion of the court, that the pleas were mere waste paper.
The first special plea was that the appellee held the note for the benefit of the payee, and that the appellant indorsed it without consideration.
The legal title to the note being in the appellee was enough. Foster v. Second Nat’l Bank, 61 Ill. App. 272; Whitford v. Herting, 60 Ill. App. 413.
And the want of consideration for the guaranty is not the subject of a special plea, if it be specially demurred to— as this was—on the ground that it amounts to the general issue. Klein v. Currier, 14 Ill. 237.
The…
2Cases cited6 opinions
- Klein v. CurrierIllinois Supreme Court · 1852
- Roche v. Rhode Island InsuranceAppellate Court of Illinois · 1878
- Guard v. WhitesideIllinois Supreme Court · 1851
- Whitford v. HertingAppellate Court of Illinois · 1895
- Brickey v. DavisAppellate Court of Illinois · 1881
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