Crossman v. Wohlleben

Citations

• 90 Ill. 537

Syllabus

<p>1. Surety—release by extension to principal. It is well settled that where the payee of a promissory note, executed by a principal and surety, makes a binding agreement with the principal debtor, without the consent of the surety, to extend the time of payment of the note, the surety is thereby discharged from his liability.</p> <p>2. A mere indorsement by the creditor upon the note, that the time of payment is extended to a given day, and that interest has been paid to such date at the same rate specified in the note, without any proof or showing that the interest was paid in advance, there being no date to such indorsement, and no evidence that the principal debtor bound himself, to keep the money or pay interest for the time of such extension, will not discharge the surety. It is essential in such cases that both parties shall be bound by the agreement, or that it have mutuality, in order to discharge the surety not assenting to the extension.</p> <p>3. Judgment by confession—construction of affidavit to open. In applications to set aside judgments entered by default or entered in ex parte proceedings, affidavits in support of such applications are to be construed most strongly against the party making the application. It is not sufficient to state facts from which, if proved on a trial, a defense might be inferred.</p>