Illinois Law Review Volume 15

Illinois Law Review Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...claim assigned to the plaintiff by her husband. The assignment was made on September 16, 1876, and the defendant was notified three days later. The defendant made the following defense of set-otf: He alleged that the husband of the plaintiff was indebted to the merchant M upon a loan; that the brother of the defendant had become surety for the debt to the extent of five hundred dollars; that the defendant before the assignment of the claim sued upon became surety to the said merchant M of his brother's obliE3t10n of suretyship; and that upon the insolvency of the pla1nt1fi"s husband and after the bankruptcy of the principal surety In May 1877, the defendant paid the debt secured-together with interest. The defendant sought to set off the sum paid. The plaintifl' denied that the defendant had acquired a claim against her husband, especially since an assignment to the defendant was not alleged. She also denied that the claim, if any, could be set off. The first judge rejected the defense since it was not competent for the defendant in paying M to charge the plaintiff with the transactions of her husband when the defendant was not connected with these transactions as a surety. The payment of the debt of another person lacks the necessary connection. The appellate court judge afiirmed the judgment with approval of the grounds. Upon the complaint of nullity of the defendant the second decision must be set aside, but the judgment itself in substance must stand. _ The conclusions show that the basis of the judgment is not clearly stated. It does not establish that the defendant succeeded to the siiretyship 'in rem suam' or 'donandi causa.' It is said---"The question whether the surety more

Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • United States
  • English
  • black & white illustrations
  • 1236816927
  • 9781236816924