Wallace v. Goold

Citations

• 91 Ill. 15

Syllabus

<p>1. Practice in the Supreme Court—review of fads an appeal from an appellaie court. The Supreme Court can not review the findings upon the facts on an appeal from an Appellate Court, except in the cases enumerated in the 88th section of the Practice act,—that is, in criminal cases, and cases in which a franchise or a freehold, or the validity of a statute is involved.</p> <p>2. Agency—declaration of agent as binding on his principal. Declarations made by one after he has ceased to act as agent can not bind his principal, and are not admissible in evidence.</p> <p>3. A principal will be bound by the statements of his agent whilst acting within the scope of his authority, when made in reference to the business of the agency, and if made immediately after the transaction, they may be admitted in evidence as a part of the res gesta.</p> <p>4. Same—and herein, when an agency terminates. Where an agent is employed to secure a debt of his principal, which he does by taking the indorsement of notes by the debtor to his principal, his agency does not cease while he still holds the notes and his acts have not been approved by his principal. Until such notes are accepted by the principal, the agent’s declarations are admissible in evidence against the principal.</p> <p>5. Bun or exceptions—when necessary. Where the record fails to show the instructions given for a party, it can not be determined that there was error in refusing others. Error will not be presumed, but it must be shown by the record.</p> <p>6. Indorsement—whether as indorser or as guarantor. Where the payee indorses a note in blank, the legal presumption is, that he assumes only the liability of an assignor, and to rebut this presumption it must be clearly shown that he agreed to guaranty its payment at the time he indorsed the same. If one, not the payee, indorses the note at its execution, he will be presumed to do so as guarantor, and so of a person having no interest in the note as payee or indorsee. But s