Kassing v. International Bank

Citations

• 74 Ill. 16

Syllabus

<p>1. Pleading and evidence. Evidence tending to prove payment may be introduced under the general issue.</p> <p>2. Surety — his right under deed of trust gimen to indemnify him. Where a surety on a note deposits with the holder a deed of trust executed by the principal to indemnify him against his liability as surety, and afterward, upon proceedings in bankruptcy against him, compromises with the holder by giving other notes for a less amount, with personal security, or is discharged from his liability on the original note, he will be entitled to have the proceeds of a sale under the deed of trust applied to the payment of the notes so given in discharge of the original note.</p>