Ives v. McHard

Citations

• 103 Ill. 97
• 1882 Ill. LEXIS 152

Syllabus

<p>1. Appeal from, Appellate Court—reviewing the facts. Where the facts are found by the Appellate Court, in a suit upon a guaranty of a note, this court is precluded from their consideration further than to determine whether the law has been properly applied to them.</p> <p>2. Variance—where evidence tends to prove allegations. Where several things are averred as forming the consideration of a guaranty, if there is evidence tending to prove each one, there is no variance.</p> <p>3. Same—only material averments need he proved. The plaintiff is only required to prove the material allegations of Ms declaration. If two considerations for the contract are alleged, one good and the other immaterial, as forming none, the plaintiff will only be required to prove the one which is sufficient.</p> <p>4. Consideration—one good one is sufficient. Where various considerations are averred and proved, some good and some insufficient, one sufficient one will support the contract.</p> <p>5. Same—extension of time of payment for guaranty. The extension of the time of payment of an antecedent debt, is a sufficient consideration to support a contract guarantying its payment.</p> <p>6. Practice in Supreme Court—party controverting Ms own proposition. Where a party asks and obtains instructions that an agreement not to collect more than legal interest on a note forms no sufficient consideration for a guaranty of its payment, he will not, on appeal or error, be allowed to controvert such proposition.</p>