Leake v. Brown

Citations

• 43 Ill. 372

Syllabus

<p>1. Practice—of a plea—when should be stricken from the files. When a plea is filed, which has nothing to do with the declaration, it should be stricken from the files on motion, or by the court sua sponte.</p> <p>2. Right oe action—whether joint or several. Where a deed is executed by several grantors jointly, but their interests in the premises conveyed are several and distinct, any one of them may bring his separate action for his share of the purchase money, if withheld.</p> <p>3. Payment—bp certificate of deposit — when will not amount to. L., the payee of a certificate of deposit, which he had previously indorsed, offered it to B. in payment of a debt, which B. declined to receive. Whereupon L. stated that he was good for it, and would pay it, if the payor named in such certificate did not, and thereupon B. took it; and the bank which had issued it suspended within two days thereafter. In an action by B. against L., to recover the original debt,—held, that the receipt of such certificate by B. was not as payment, but taken merely as a means of obtaining the money from the bank, upon the faith of A.’s declaration, that he would pay it if the bank did not; and in no manner was it received upon the faith of A.’s indorsement, that having been made before it was offered.</p> <p>4. That, in such case, it was not necessary for B. to return, or offer to return, the certificate.</p> <p>5. Nor was it required that it should he cancelled; on the contrary, it should not be, as it is the only evidence L. has of his deposit with the bank, and it cannot be enforced by a third person.</p> <p>6. That B. did all that the law required of him with regard to the disposition of such certificate, by surrendering the same to the court, to be disposed of as the court might think proper, after having used it in evidence.</p> <p>7. That by such surrender of it to the court, it virtually put it in the power of the payee, L., who, upon proper motion, could have obtained it.</p> <p>8. ■