Sandusky v. Exchange Bank of John C. Short & Co.

Citations

• 81 Ill. 353

Syllabus

<p>1. Pleading—joint plea had as to one, had as to all. Where two or more defendants join in a plea which sets up a defense good as to part of them and had as to the others, it is had as to all.</p> <p>3. Same—bankruptcy of principal not a good plea, by surety. In a suit upon an appeal bond, the condition of which was, that the principal would prosecute his appeal with effect, and pay whatever judgment should be rendered in the appellate court, a plea by both the principal and surety that the judgment appealed from was affirmed, and that afterwards the principal was adjudged a bankrupt, and the judgment so affirmed was filed and allowed in the bankrupt court, against his estate, is not a good plea as to the surety, and, being a joint plea, is therefore bad as to both.</p>