Lennon v. Goodspeed

Citations

• 89 Ill. 438

Syllabus

<p>1. New trial—finding from the evidence. Where the two parties are the only witnesses as to a disputed fact, as, the guaranty of a note by the payee, and their testimony is conflicting, the one affirming and the other denying the guaranty, the finding of the court in favor of the contract of guaranty will not be disturbed by this court. The court trying the case has facilities for arriving at a correct conclusion that this court does not possess in such a case.</p> <p>2. Burden of proof—when execution of guaranty is put in issue. Where a defendant, sued upon the guaranty of a note, denies the execution of the contract of guaranty, under oath, the burden of proof devolves upon the plaintiff to establish the contract.</p> <p>3. Parol evidence—to prove a guaranty of note. Where a written guaranty of a note is denied under oath, parol evidence is admissible to prove the contract of guaranty. Any evidence tending to prove the contract is proper.</p>