Stearns v. Sweet

Citations

• 78 Ill. 446

Syllabus

<p>1. Construction—of the payment of interest “to” a day. An indorsement of the payment of interest on a promissory note to the 26th day of July, 1871, will not embrace the interest accruing on that day, but will be understood as including the interest for the time which was completed when that day commenced.</p> <p>2. Sake—words in populan' sense in contracts. In construing written contracts and writings of parties, the words used will be taken in their ordinary and popular sense.</p> <p>3. Extension of time of payment—evidence. The payment of interest on a note up to the day it is paid at a greater rate of interest than the party is legally bound to pay, without any other proof, does not show an agreement to extend the time of payment so as to release a surety.</p>