International Bank v. Poppers

Citations

• 105 Ill. 491
• 1883 Ill. LEXIS 112

Syllabus

<p>1. Contract—extinguishment by taking new obligation. As a general rule, when one person holds an obligation on another, and the obligor gives a new obligation for the same subject matter of as high or a higher dignity, such new obligation, independently of any.express agreement, will operate as a satisfaction or extinguishment of the first obligation. This is the legal presumption, which is liable to be rebutted, however, and this presumption is strengthened when there is a further and different security on the new obligation.</p> <p>2. Same—effect of giving a new appeal bond upon liability on a former bond. So where a defendant in an action of forcible entry and detainer, on an appeal from a judgment of a justice of the peace, gave an appeal bond in the penal sum of §500, and afterward, by an order of the court, gave another bond in the sum of §1200, and again, under an order of the court to “file a good and sufficient new appeal bond” by a day named, gave a new bond in the penalty of §2000, with other and different sureties, it was held, in an action on the second of these bonds, that the giving and approval of the last bond in the case operated as a discharge and extinguishment of the prior bonds, and that such last bond embraced and covered all the appellant’s liabilities growing out of the appeal, and that no recovery could be had on the second bond.</p> <p>3. Same—construction of the statute—as to effect of new appeal bond in forcible entry. Under a proper construction of section 19 of the Forcible Entry and Detainer act, authorizing the court to require the defendant appealing to give a new appeal bond in a larger amount, if necessary to secure the rights of the plaintiff, such new bond, when required and given and approved, covers all proceedings had in the case, and relates back and embraces all acts named therein from the time of the taking of the appeal. It stands as a substitute for all prior bonds given in the case.</p>