Hurd v. Marple
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. R. S. Williamson, Judge, presiding. This was an action of assumpsit upon a guaranty by Hurd and others, of a promissory note of the Highland Park Building Co. for $1,802, dated April 1, 1872, payable to appellee, Sarah Marple. Hurd filed special pleas, setting up several extensions of the time of payment, given by the payee to the maker of the note, whereby it was claimed his liability as guarantor was discharged.
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Appeal from the Superior Court of Cook county; the Hon. R. S. Williamson, Judge, presiding. This was an action of assumpsit upon a guaranty by Hurd and others, of a promissory note of the Highland Park Building Co. for $1,802, dated April 1, 1872, payable to appellee, Sarah Marple. Hurd filed special pleas, setting up several extensions of the time of payment, given by the payee to the maker of the note, whereby it was claimed his liability as guarantor was discharged. Issue being taken on these pleas, a trial was liad before a jury, resulting in a verdict and judgment for the plaintiff. On…
1Opinion of the CourtWilson, P. J.
In the defendant’s second plea, it is alleged that when the note became due, the plaintiff, in consideration that the Highland Park Building Company would pay her interest on the note at the rate of eighteen per cent, per annum, from the first day of October, 1872, until the first day of April, 1873, agreed with the company to give, and did give, further day of payment of the note, until said first day of April, without the knowledge or consent of Hurd, by reason whereof he became discharged from liability as guarantor.
The proofs show that the payment of the note was extended as alleged in…
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