Warner v. Campbell
Illinois Supreme Court
Pleas before J. H. Howe, Judge, etc., at a term of the Circuit Court in and for the county of Rock Island. Plaintiff’s declaration is in due form, in trespass on the case on promises, alleging that defendants and one Lemuel Andrews, now deceased, on the 26th day of June, A. D. 1857, at, etc., made their certain promissory note of that date, and delivered the same to plaintiff, by which said note, said Lemuel Andrews, as principal, and the said defendants, as sureties,…
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Pleas before J. H. Howe, Judge, etc., at a term of the Circuit Court in and for the county of Rock Island. Plaintiff’s declaration is in due form, in trespass on the case on promises, alleging that defendants and one Lemuel Andrews, now deceased, on the 26th day of June, A. D. 1857, at, etc., made their certain promissory note of that date, and delivered the same to plaintiff, by which said note, said Lemuel Andrews, as principal, and the said defendants, as sureties, jointly and severally promised to pay, twelve months after date of said note, to the order of the plaintiff, five thousand…
1Opinion of the CourtBreese, J.
The rule seems to be well settled, if there be any agreement founded upon a valuable consideration, and operative in point of law, between the maker of a note and the holder, whereby the holder agrees to give credit to the maker, after the note is due, or whereby the payment is postponed to a future day, and this agreement is made without the consent of the indorsers, they will be thereby absolved from all obligation to pay. And it makes no difference whether the agreement was made before the maturity of the note, or after its dishonor, or after the indorsers have been fixed by one…
2Cited by14 opinions
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