Brown v. Booth
Illinois Supreme Court
Writ of Error to the Circuit Court of Henry county; the Hon. George W. Pleasants, Judge, presiding. This was an action upon a promissory note, which was signed by Alden Booth as security for Lyman Booth. Alden Booth pleaded the fact of his suretyship, and that the plaintiff, after the maturity of the note, extended its time of payment.
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Writ of Error to the Circuit Court of Henry county; the Hon. George W. Pleasants, Judge, presiding. This was an action upon a promissory note, which was signed by Alden Booth as security for Lyman Booth. Alden Booth pleaded the fact of his suretyship, and that the plaintiff, after the maturity of the note, extended its time of payment. The issue was found for the defendant, and the judgment was reversed in this court, and upon its being remanded, the court below allowed the defendant to file an additional plea setting up a notice in writing by him to the plaintiff, after the maturity of the…
1Per curiam
Only two reasons are urged for reversing this judgment. One is, that the court should not have permitted an additional plea to be filed after the case was remanded from this court. The second is, that the notice to the plaintiff’s attorney to produce the notice formerly served upon his client was not sufficient. In regard to the first point, we need only say that the filing the plea was matter of discretion with the court; and as to the second, the proof of the contents of the original notice was admissible without a notice to produce it. Notice to produce a notice is not necessary. Phillips…
2Cited by6 opinions
- Dow v. BlakeIllinois Supreme Court · 1893
- First National Bank of Hayward v. GerryAppellate Court of Illinois · 1915
- Anderson Transfer Co. v. FullerAppellate Court of Illinois · 1898
- Prairie State Loan & Building Ass'n v. GorrieAppellate Court of Illinois · 1896
- Hardy v. DoblerAppellate Court of Illinois · 1928
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