White v. Walker
Illinois Supreme Court
Appeal from tbe Superior Court of Chicago. On the 11th of April, 1857, Martin O. Walker, the appellee, executed a lease, under seal, for certain premises in the city of Chicago, for a term of two years, to William “J. Napier, at a certain rent stipulated in the lease. Alexander White indorsed upon the lease his guaranty for the payment of the rent at the time it should become due.
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Appeal from tbe Superior Court of Chicago. On the 11th of April, 1857, Martin O. Walker, the appellee, executed a lease, under seal, for certain premises in the city of Chicago, for a term of two years, to William “J. Napier, at a certain rent stipulated in the lease. Alexander White indorsed upon the lease his guaranty for the payment of the rent at the time it should become due. Walker instituted an action of assumpsit in the court below, against White, the guarantor, alleging the non-payment of the rent. The pleadings and proof in the cause, and the various rulings upon the trial below,…
1Opinion of the CourtJustice Beeese
This was an action of assumpsit brought by the appellee against the appellant in the Superior Court of Chicago, on the following guarantee: “I hereby guarantee the payment of the rent to become due on the within lease on the days the same becomes due. Chicago, April 13,1857.” This writing of guarantee was indorsed on the lease, which bore date, April 11, 1857.
The defendant pleaded the general issue, with notice of a special defense, arising under the statute of frauds and perjuries, which it is not necessary further to notice ; also, want of consideration, payment, and the following facts: ’
Th…
2Cases cited5 opinions
- McKinley v. WatkinsIllinois Supreme Court · 1851
- Chapman v. McGrewIllinois Supreme Court · 1858
- Halligan v. WadeIllinois Supreme Court · 1859
- Ryan v. DunlapIllinois Supreme Court · 1855
- Walker v. HadduckIllinois Supreme Court · 1853
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- Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
- New York Life Insurance v. McMasterCourt of Appeals for the Eighth Circuit · 1898
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