Eberhart v. Page

Citations

• 89 Ill. 550

Syllabus

<p>1. Practice—affidavit of meritorious defense. An affidavit filed with a plea, that the defendant verily believes he has a good defense to the suit upon the merits, to the whole of the plaintiff’s demand, being in conformity with the statute, is a sufficient answer to a motion for a speedy trial of the cause out of its order on the docket, but if the defendant files another affidavit in answer to the motion, setting up the facts relied upon as a defense, the burden is thrown upon him to state such facts as the court can see constitute a meritorious defense.</p> <p>2. Same—leave to file additional plea. Where sufficient cause is shown, by affidavit, to file an additional plea, verified by affidavit, to put in issue the fact of the guaranty of the note, it is an abuse of discretion not to allow it.</p> <p>3. Indorsememt—whether as guarantor or indorser of note. The indorsement of a note in blank by a third party, raises a presumption only, that it is intended thereby to assume the liability of a guarantor, which may be rebutted by proof that the real agreement between the parties was different.</p> <p>4. Evidence—to show character of liability on blank indorsement. A third person who indorses a note in blank before its delivery to the payee, may show by parol evidence, in a suit by the payee, that, by express agreement of the parties, he signed his name as indorser, and not as guarantor, and that the payee received the note with the full understanding that such person was an indorser.</p>