Stoner v. Millikin

Citations

• 85 Ill. 218

Syllabus

<p>1. Pleading and evidence—-facts admitted need not he proved. Where a fact is alleged in a bill in, chancery, and is admitted by the defendants in their answer, the complainant need not prove such fact.</p> <p>3. Lew—when plaintiff may release. If judgment by confession under a warrant of attorney, is entered against several as the makers of a note, and the name of one is a forgery, the judgment will be a nullity as to him, and the plaintiff may rightfully release his property from levy under an execution issued on such judgment.</p> <p>3. Surety—induced to sign ly fraud of principal. Where a party, when asked to sign a note, as surety, refuses unless another person will first execute the same, and the principal maker forges the name of such other person, and thereby induces the party to sign, and procures money of an inno-</p> <p>cent party who has no notice of the fraud, the fact of the forgery and the fraud will not release the surety so executing the same.</p> <p>4. Where one of two innocent parties must be a loser by the deceit or fraud of another, the loss must fall on him who employs and puts trust and confidence in the deceiver, and not on the other.</p> <p>5. Former decision. The case of Seely v. The People, etc. 37 Ill. 173, is departed from so far as it conflicts with the rule as above laid down.</p>