Ricketson v. Giles

Citations

• 91 Ill. 154

Syllabus

<p>1. Coverture—by whom to be relied upon. Where a feme covert guarantees payment of a note of another, or becomes surety, and fails to plead her coverture when sued, and allows judgment to pass against her, and afterwards pays the debt, the principal, when sued by her to recover back the money paid for him, can not shield himself from liability on the ground she might have relied upon her coverture and defeated a reco very against her. The defence of coverture is a personal one, and .can be pleaded only by the feme covert.</p> <p>2. Guaranty—to hold principal liable, guarantor must sign by request. A party guaranteeing the payment of a note given to a third person can not recover of the maker, on being compelled to pay the note, if the guaranty was made of his own accord, without a request, express or implied, from the maker.</p> <p>3. Same—when request to guaranty will be implied. Where a party selling sewing machines, as agent, to another, takes the notes of the purchaser, payable to the principal, in payment, informing the maker that he, the agent, will bo required to guarantee the same, and the maker knows the fact that the notes are to be sent to his vendor’s principal and had to be guaranteed by his vendor, a request to guarantee the same may be fairly implied.</p> <p>4. Surety—extent of his undertaking construed. Where a surety signs a bond for his principal, conditioned that the latter shall pay or cause to be paid to the obligee any and every indebtedness or liability then existing or which might thereafter exist or be incurred in any manner by him to the obligee, this will include the liability of the principal to the obligee under a guaranty by the latter of the principal’s note at his request, and its payment by the guarantor.</p> <p>5. Where a party gives bond, with surety, to another, conditioned for his payment to the obligee of any and every liability or indebtedness that might, thereafter, in any manner, exist or be incurred by him, and the princip