Schnell v. North Side Planing Mill Co.

Citations

• 89 Ill. 581

Syllabus

<p>1. Appeal—appearance by appellee obviates necessity of service. Where the defendant perfects an appeal from a judgment of a justice of the peace by filing bond with the clerk of the circuit court, the entry of a motion by the plaintiff to require the defendant to justify, or give sufficient security in the appeal bond at the next term, is an appearance in the cause, and the defendant, at a succeeding term, can not have a continuance for want of service on the plaintiff, or entry of appearance in writing ten days before such term.</p> <p>2. Indorsement—whether as indorser or guarantor. Where the name of the payee of a note appears in blank on the back of the note, the law raises the presumption of a contract as indorser only, and not that of a guarantor.</p> <p>3. Where A is indebted to B, and B requires security, and C agrees to indorse B’s note, and A prepares a note payable to C, who puts Ms name on the same, nothing being said by A or B to him at the time, this will not show a guaranty on the part of C, even if it were conceded that parol evidence is admissible in such case to show a different contract from that which the law implies.</p>