Day v. Humphrey

Citations

• 79 Ill. 452

Syllabus

<p>1. Payment—as to surety. If the principal in a promissory note borrows money with which to pay the same, and, on paying the sum due thereon, the note is delivered to him and the party advancing the monej>-, and it is afterwards arranged between them that the note shall be indorsed by the payee to the party making the loan, the surety not being present or consenting thereto, this, in law, will be a payment of the note, as to the surety.</p> <p>2. Practice—judgment as to defendant making no defense. In a suit upon a note against principal and surety, where the surety alone defends, and the issues are found in his favor, if the plaintiff does not ask for any judgment against the principal, he can not assign for error that the court did not render such judgment.</p>