Albaugh-Dover Co. v. Napieralski

Appellate Court of Illinois

Albaugh-Dover Co. v. Napieralski

205 Ill. App. 457, 1917 Ill. App. LEXIS 1190

CourtAppellate Court of Illinois

DecidedMay 1, 1917

DocketGen. No. 22,343

StatusPublished

Cited by1 cases

This text of 205 Ill. App. 457 (Albaugh-Dover Co. v. Napieralski) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Albaugh-Dover Co. v. Napieralski, 205 Ill. App. 457, 1917 Ill. App. LEXIS 1190 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Justice McDonald

delivered the opinion of the court.

2. Bills and notes, § 270*—what is effect of failure to give notice of dishonor to joint maker. Even though an indorser of notes is a joint maker, his liability is not affected by the failure to give notice of dishonor. 3. Bills and notes, § 274*—what is effect of failure to give notice of dishonor to surety. Even though an indorser of notes is a surety, he is not released from liability by the failure to give notice of dishonor. 4. Principal and surety, § 14*—when contention that surety was released from liability by extension of notes is untenable. In an action on two notes against two defendants, where one of the defendants claimed that he signed the notes as surety and that he was released from liability because payment was extended without his knowledge or consent, held that, as the record was barren of any evidence tending to show that any binding agreement of extension had been entered into, such position was untenable.

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Mr. Justice McDonald

delivered the opinion of the court.

2. Bills and notes, § 270*—what is effect of failure to give notice of dishonor to joint maker. Even though an indorser of notes is a joint maker, his liability is not affected by the failure to give notice of dishonor. 3. Bills and notes, § 274*—what is effect of failure to give notice of dishonor to surety. Even though an indorser of notes is a surety, he is not released from liability by the failure to give notice of dishonor. 4. Principal and surety, § 14*—when contention that surety was released from liability by extension of notes is untenable. In an action on two notes against two defendants, where one of the defendants claimed that he signed the notes as surety and that he was released from liability because payment was extended without his knowledge or consent, held that, as the record was barren of any evidence tending to show that any binding agreement of extension had been entered into, such position was untenable.

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Bluebook (online)

205 Ill. App. 457, 1917 Ill. App. LEXIS 1190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albaugh-dover-co-v-napieralski-illappct-1917.

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