Munson v. Adams

Citations

• 89 Ill. 450

Syllabus

<p>1. Guaranty—consideration for, after execution of note. Where the payee of a promissory note offers to assign the same to his creditor in payment of Ms debt, which the creditor refuses to accept unless he will procure the guaranty of a third person, and such third person, at the payee’s request, does guaranty the payment of the note, and the creditor then accepts the note in payment of his debt, the contract of guaranty is between the creditor and the person making the guaranty, and the acceptance of the note, in payment of the debt, is a sufficient consideration to support the guaranty.</p> <p>2. Practice—advancing cause on the docket. Where a defendant goes to trial, without objection, before the cause is reached on the regular call of the docket, under the five-days rule, and interposes all the defense he claims to have, he waives all objection to advancing the cause and trying it out of its order.</p>