Paton v. Stewart

Citations

• 78 Ill. 481

Syllabus

<p>1. Failure oe consideration—agreement to dismiss legal proceedings. If a promissory note is given, with a guaranty of payment, in consideration that the payee shall dismiss a proceeding in bankruptcy against the maker, and such proceeding is not dismissed, there will be a failure of the consideration, which may be set up by the guarantor in a suit upon the guaranty by the payee.</p> <p>2. Evidence—Jury to judge of the weight. The weight to be given to the testimony of a witness is for the jury to determine, and this court will not reverse or supervise their finding on such a question.</p> <p>3. Contract—if founded on an illegal consideration, will not be enforced. Courts will not lend their aid to enforce an executory contract founded upon an illegal consideration.</p> <p>4. Same—composition with a bankrupt. If a creditor commences proceedings in bankruptcy against his debtor, for the purpose of getting a composition to secure his claim, and agrees to dismiss the proceeding on being secured, this is an abuse of the process of the law, and the contract thus obtained will be illegal and void, as being inhibited by a sound public policy.</p>