Daggett v. Gage

Citations

• 41 Ill. 465

Syllabus

<p>1. Promissory note—defense thereto, when given as security for the performance of some act by another. A party being under arrest on a ca. sa,, in order to procure him his temporary release another gave his promissory note, merely as security that the party arrested should surrender himself to the sheriff on a certain day. The time for the surrender was extended, by agreement of parties, and on the day last agreed upon the party arrested offered himself in custody to several deputies of the sheriff, who declined to receive him, and of this he gave notice to plaintiff’s attorney. This was all he was required to do, and operated to discharge the maker of the note from any further liability thereon.</p> <p>2. Practice—when parol evidence, offered to vary a written contract, should be objected to on the trial. In a suit on the note, if objection was made, it may be the effect thereof would not be allowed to be thus varied by parol evidence ; but parol proof being admitted without objection, it was proper to consider it as competent evidence, because, if objection had been made, the defendant, perhaps, might have produced a cotemporaneous written- agreement to the same purport.</p>