Crossman v. Wohlleben
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 28th of July, 1876, judgment was entered by confession, upon a cognovit, in favor of Wohlleben against Rolle and Crossman, for $787.23, under a power of attorney authorizing the same to be done, upon a promissory note in these words: “$787.23 Chicago, March 8, 1873. One year after date, for value received, we promise to pay to the order of John Wohlleben $700, with interest…
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Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. On the 28th of July, 1876, judgment was entered by confession, upon a cognovit, in favor of Wohlleben against Rolle and Crossman, for $787.23, under a power of attorney authorizing the same to be done, upon a promissory note in these words: “$787.23 Chicago, March 8, 1873. One year after date, for value received, we promise to pay to the order of John Wohlleben $700, with interest at the rate of ten per cent per annum, after date, until paid, and payable at our office. H. T. Rolle. Mathias…
1Opinion of the CourtJustice Dickey
It is well settled that where the payee of a promissory note, executed by a principal and a surety, makes a binding agreement with the principal debtor, without the consent of the surety, to extend the time of payment of the note, the surety is thereby discharged from his liability. The question presented here is, whether the record shows that such an agreement was made in this case, between the payee of the note and the principal debtor.
It is said by Reed, Justice, (in McComb v. Kitteridge, 14 Ohio, 351,) “It is just as competent for the principal to a note to extend the time of payment for…
2Cited by31 opinions
- Benson v. PhippsTexas Supreme Court · 1895
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Hayward v. BurkeIllinois Supreme Court · 1894
- Dodgson v. HendersonIllinois Supreme Court · 1885
- Price v. Dime Savings BankIllinois Supreme Court · 1888
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