Hamilton v. Johnston

Citations

• 82 Ill. 39

Syllabus

<p>1. Guaranty—presumption from position of name. Where a person’s name appears on the back of a note, and is signed before delivery, the prosumption is that he is a guarantor and not a maker; but this is liable to be rebutted by proof that the parties intended otherwise.</p> <p>3. Same—liability of surety to guarantor who pays debt. There being no relation of co-surety between a guarantor and the sureties of the principal maker, he may recover of all the makers of the note any sum of money he is compelled to pay as guarantor, even though he knew that part of them were only sureties. As to the guarantor, all the makers are to be treated as principals.</p> <p>3. Same—request of one maker of note to one to become guarantor is act of all. Where the principal maker in a promissory note, after others who in fact are sureties for him have signed the same, procures another person, in their absence and without llieir knowledge, to indorse the same as guarantor, who is compelled to pay the same, the fact that the guarantor became liable without the request of the sureties is no defense in a suit against them by the guarantor. They all being primarily liable, a request of any one of them to guaranty payment is the act of all.</p>