Martin v. Culver

Citations

• 87 Ill. 49

Syllabus

<p>1. Pleading and evidence—as to proof of members of firm.' In a suit upon the guaranty of a note indorsed by the payee to the plaintiffs by the style of “Culver & Co.,” the note is admissible in evidence under an averment in the declaration that the payee indorsed the same to the plaintiffs; and, in the absence of any denial that the plaintiffs compose such firm, the mere production of the assignment proves that fact.</p> <p>2. Same—execution of guaranty', when need not be proved. A written guaranty for the payment of a note is an instrument in writing, within the statute dispensing with proof of execution by the maker in a suit thereon against him, unless put in issue by plea verified by affidavit.</p> <p>3. Practice—When specific objection should he made. An objection to evidence that might have been obviated on the trial, if urged there, comes too late in this court for the first time.</p>