Trotter v. Strong

Citations

• 63 Ill. 272

Syllabus

<p>1. Surety on note—when discharged. An agreement by the creditor with the principal debtor not to sue, or that, on part payment, he will not sue him for the remainder, if without the consent of the surety, discharges him.</p> <p>2. A security may recover money paid to the use of his principal, but if the principal be already discharged and owe nothing, such payment is not to his use, and the security has no remedy.</p> <p>3. Consent of surety. The liability of the surety can not survive that of his principal unless by his own agreement.</p> <p>4. Rights of sureties—not merged in judgment. As the security has right to repayment from his principal after payment of a judgment to his use, he is discharged by the release of his principal in the same manner as before judgment.</p> <p>5. Consideration. The holder of a promissory note recovered a judgment thereon for $2039.58. Subsequently the - creditor agreed with the principal debtor that if he would give security for the payment of $500 of the judgment, he would never collect any further portion of the judgment from him, and the security was given accordingly: HeId, that the giving of such security constituted a sufficient consideration for the agreement.</p>