Flynn v. Mudd & Hughes
Illinois Supreme Court
This was an action of assumpsit, brought by Thomas Morgan, plaintiff, in the Circuit Court of Scott county, at the December special term, 1858, on a promissory note, dated St. Louis, April 28, 1857, for $18,000—made by the defendants, payable to the order of one Wm. T. Hazzard, in four months after date, and by him assigned to said plaintiff. Process served on Francis Keys only, and by consent tried before Woodson, Judge, without a jury.
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This was an action of assumpsit, brought by Thomas Morgan, plaintiff, in the Circuit Court of Scott county, at the December special term, 1858, on a promissory note, dated St. Louis, April 28, 1857, for $18,000—made by the defendants, payable to the order of one Wm. T. Hazzard, in four months after date, and by him assigned to said plaintiff. Process served on Francis Keys only, and by consent tried before Woodson, Judge, without a jury. Judgment rendered against said plaintiff in the court below for costs. A writ of error is now brought by Thomas H. Flynn, executor of the last will and…
1Opinion of the CourtWalker, J.
The doctrine, that giving further time to the principal debtor, by a valid agreement, without the assent of the surety, releases him from the contract, seems to be universally admitted and acted upon. Tet a diversity in the practice, as to the mode in which the surety may avail himself of the defense, exists in different courts. In some it is held, that the remedy is alone in chancery, unless it appears upon the face of the instrument, that he bears that relation to the contract, whilst in others it is held, that the fact that he is a surety may be averred and proved, although he appears as a…
2Cases cited2 opinions
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3Cited by15 opinions
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- Ward v. StoutIllinois Supreme Court · 1863
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- Bright v. MackSupreme Court of Alabama · 1916
- Foster v. FurlongNorth Dakota Supreme Court · 1899
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