Jones v. Albee

Citations

• 70 Ill. 34

Syllabus

<p>1. Pleading—when fraud is set up> the facts constituting it must de stated. A plea setting up fraud in procuring the execution of a guaranty, must set out the facts constituting the fraud. A general allegation that the defendant was induced to execute the contract by means of fraud, covin an<^ misrePresentati°n of the plaintiff, and others in collusion with him, is had on demurrer.</p> <p>2. Parol evidence—varying written contract by parol. In a suit upon a written guaranty of the payment of a note, a plea which sets up a parol contract made at the same time, limiting the liability of the indorser or guarantor, can not be sustained upon any principle of law.</p> <p>3. Same—to change liability of indorser of note. In an action by an indorsee of a promissory note against the indorser, it may he shown by parol that the indorsee held as agent for the indorser, or in trust, or for collection merely, or that the same was sold without recourse, and that the indorsement was afterwards made merely to transfer the legal title. These cases are exceptions to the general rule.</p> <p>*• Judiciary—of QooJc county—each judge may hold court alone. The intention of the constitution of 1870 is, to give the several judges of the circuit and Superior courts of Cook county identically the same powers, and place them on the same footing of circuit courts, but composed of branches corresponding with the number of judges, each judge, while holding such branch, to have all the powers of a circuit court. It does not require a majority of the judges of either of said courts to sit together, but each may hold court by himself.</p> <p>5. Placita—should show the judge holding the court. The placita of the record, in a case coming from the courts of Cook county, should show that the court was held by one judge only, and he should be the one before whom the cause was tried, and he should sign the bill of exceptions in actions at law, and sign decrees, and certify the evidence in suits in equity