Lucas v. Beebe

Citations

• 88 Ill. 427

Syllabus

<p>1. Delivery bond—admission from recitals therein. A recital in a delivery bond given to a constable, that the principal in the bond was desirous of retaining the possession of goods levied on, is an admission that he then had the possession, which renders any verbal agreement on the subject wholly immaterial in a suit on the bond.</p> <p>2. Where a party gives a delivery bond to an officer, acknowledging possession of the property, in a suit on the bond for a failure to make delivery, it matters not whether he had the possession or not, as, if he did not, he is bound to get and deliver the property to the officer.</p> <p>3. Evidence—to contradict written agreement. Where a party, by his bond, solemnly acknowledges the existence of a fact, upon which he makes his agreement, the writing alone must speak, and its terms can not be varied or contradicted by proof of a different, verbal contract, made at the same time or before.</p> <p>4. Same—question must call for facts, and not conclusions. In a suit upon a delivery bond, the defendants asked a witness what was the consideration of the bond, if any, and the court would not allow the question to be answered: Held, that the court decided properly, as the question called for no facts, but simply the witness’ conclusion of a legal proposition, or left the witness to detail facts he supposed to form the consideration, which might be wholly foreign to the issue. The question should have called for specific facts and circumstances entering into and constituting the transaction.</p> <p>5. Same—an offer to make proof, should be of specific facts. 'An offer to prove by a witness there was no consideration for a bond sued on, and that the consideration had wholly failed, or had partially failed, is too general. It should state the specific facts proposed to be proved, so as to show their relevancy and materiality.</p> <p>6. Estoppel—by recitals in bond. Where a party gives a delivery bond for goods taken under a distress warra