Governor ex rel. Thomas v. Lagow

Citations

• 43 Ill. 134

Syllabus

<p>1. Surety—extent of UabUiiy. The general role is, that the undertakings of a surety are not to be extended beyond the fair scope of the terms expressed, but are to be strictly interpreted.</p> <p>2. So, where, by an act of the legislature, assignees were appointed to wind up the affairs of the Bank of Illinois, at Shawneetown, and were required to give bond, and allowed four years in which to discharge the duties assigned them under the act, and the time of final settlement was, by the legislature, afterward extended two years, it was held, that this extension of the time without the assent of the sureties, operated as a discharge, and that the sureties could not be held liable for the acts of their principal after the expiration' of the four years.</p> <p>3. But, where, by the act appointing the assignees, it was made their duty to meet at the bank on a day named in each year, to cancel and burn all notes and certificates of indebtedness redeemed and canceled, and make report to the governor of the amount of assets remaining in their hands, and of the notes and certificates canceled; and where a decree in the United States Circuit Court required such assignees to account and pay over to a trustee appointed, the amount found to be due from them as assignees, and the assignees neglected and failed to perform any of said duties,—it was held, that the sureties of the assignees were liable for the amounts shown to have been by the assignees received and not paid over, during the four years. It was competent for the sureties to have discharged the liabilities and to have had recourse upon their principals.</p> <p>4. Plea—when demwrahle. It is a well established rule of pleading, that if facts are alleged in a special plea which can be given in evidence under the general issue, such a plea is obnoxious to a special demurrer.</p> <p>5. So, where the plea of non eat factum, not sworn to, was interposed in an action of debt, being the general issue, it put in issue every