Cooke v. Orne

Citations

• 37 Ill. 186

Syllabus

<p>1. Practice—depositions. Statements in a deposition which are not legitimate evidence, like hearsay, may be objected to on the trial, but those which are objectionable, merely because secondary evidence, should be objected to before the trial.</p> <p>2. Guaranty—notice of acceptance. When a letter of credit is addressed either to a particular person, or to the public generally, and credit is given in consequence thereof, the person giving the credit must notify the guarantor within a reasonable time that the guaranty has been accepted. But where A writes to B, who desires to purchase goods from A, that if C will guaranty the payment, he will sell B the goods, and C writes to A in reply that he will guaranty, no further notice of tne acceptance of the' guaranty is necessary. The bargain is complete when 0 acceps A’s offer, and any further notice of acceptance by A would be superfluous.</p> <p>3. Practice—pleading. Only by a demurrer in the court below, or by a motion in arrest of judgment, can the sufficiency of a declaration be brought before the Supreme Court.</p>