Gridley v. Capen

Citations

• 72 Ill. 11

Syllabus

<p>1. Pbactice—setting aside a continuance when no objection is made, is not error. The plaintiff took leave to amend his declaration, and thereupon an order of continuance was entered. On the next day the order of continuance was set aside, the defendant filed a demurrer, and also a plea of the general issue, and the parties went to trial before the court without a jury; no exception was taken to the order setting aside the continuance: Sold, there was no error.</p> <p>2. G-uabantob—extent of the liability. A guarantor of a promissory note is one who engages that the note shall be paid, but is not an indorser or surety, and he is regarded as an original promisor, and he is liable as well for the payment of any damages stipulated for in the note as for the amount of the note itself.</p> <p>3. So, where a promissoiy note provided for the payment of twenty per cent per annum, if not paid at maturity, as liquidated and agreed damages, and the guaranty was, “for value received, we guarantee the payment of the within note when due,” it was held, that the guarantor was liable for the stipulated damages as well as for the amount specified in the note.</p>