Austin v. Bainter

Citations

• 50 Ill. 308

Syllabus

<p>1. Practice in the supreme court—of the trial of issues of fact. An issue of fact was formed in this court upon a plea of release of errors, and sent to the court below to be tried by jury; a trial was had, and verdict returned in favor of the defendant in error, which was certified to this court, together with the testimony. On motion, the verdict was set aside as not being supported by the evidence, and it being presumed all the evidence which could be adduced was presented by the parties, it was not deemed necessary to send the issue back to be tried by another jury, and the court proceeded to consider the merits of the case as presented by the assignment of errors.</p> <p>2. Consideration—when sufficient. Where the holder of a note, drawing six per cent, interest, brings suit thereon, and pending the suit, agrees to forbear the collection and extend the time of payment to a specified day, upon tho maker promising to pay interest at ten per cent, on the unpaid balance due, the agreement to extend the time of payment is a sufficient consideration to support the promise to pay the increased rate of interest.</p> <p>3. Interest—at what rale allowable. The law allowing interest at the rate of ten per cent, to be contracted for, there is no objection to such a contract on that ground.</p>