Phares v. Barber

Citations

• 61 Ill. 271

Syllabus

<p>1. Evidence—admissibility of. In an action on a promissory note by the pa)ree against the maker and his sureties, one of the issues involved was, whether or not the sureties had been released by an agreement between them and the payee upon a sufficient consideration. The existence of such an agreement was positively testified to by one of the sureties and the principal maker, and as positively denied by the payee. In rebuttal the plaintiff introduced a witness who detailed a conversation between the payee and the sureties in regard to an application which they intended to make to the principal maker, to prevail upon him to secure the debt in some other manner. It was also in evidence that the principal maker had executed' to the payee a certain -mortgage. Upon cross-examination the witness was asked if anything was said in that conversation about releasing the sureties from the note. Objection was made to the question and sustained by the court: Held, the question should have been answered.</p> <p>2. Same—latitude of cross-examination. The objection to the question that it was leading could not prevail, for, on cross-examination, a party has a right to propound leading questions.</p> <p>3. Neither can it be said that the refusal of the court to permit the question to be answered excluded no fact from the jury, for it forestalled inquiry which may have resulted in important testimony.</p> <p>4. And counsel are not bound to disclose the object of questions, upon cross-examination, when the court can easily see that they are germane to the issue.</p> <p>t 5. Same—conversations between parties. Besides, when a witness details ,a conversation, the party against whom the evidence is offered is entitled to the whole of the conversation.</p> <p>6. Same—witness—jury. In respect to the effect of the mortgage given by the principal maker of the note to the payee, on the liability of the sureties, the former testified as follows: “My understanding was at the time, and still