Automatic Electric Co. v. Campbell

Appellate Court of Illinois

Automatic Electric Co. v. Campbell

197 Ill. App. 591

CourtAppellate Court of Illinois

DecidedJanuary 31, 1916

DocketGen. No. 21,696

StatusPublished

Cited by1 cases

This text of 197 Ill. App. 591 (Automatic Electric Co. v. Campbell) 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

Automatic Electric Co. v. Campbell, 197 Ill. App. 591 (Ill. Ct. App. 1916).

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Opinion

Mr. Presiding Justice McSurely

delivered the opinion of the court.

5. Guaranty, § 7*—when guarantor estopped to deny consideration of guaranty or validity of original undertaking. In an action on a contract of guaranty the guarantor is estopped to deny the consideration of the guaranty or the validity of the original undertaking. 6. Guaranty, § 7*-—when consideration of guaranty may not he determined. In an action on a guaranty founded on a new consideration, independent of the consideration of the original undertaking, the consideration of the original undertaking cannot be inquired into as it forms no part of the consideration of the guaranty, but it is otherwise where the guaranty is made, at the same time as or before the original undertaking, since in such case the consideration of the original undertaking is also the consideration of the guaranty.

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Mr. Presiding Justice McSurely

delivered the opinion of the court.

5. Guaranty, § 7*—when guarantor estopped to deny consideration of guaranty or validity of original undertaking. In an action on a contract of guaranty the guarantor is estopped to deny the consideration of the guaranty or the validity of the original undertaking. 6. Guaranty, § 7*-—when consideration of guaranty may not he determined. In an action on a guaranty founded on a new consideration, independent of the consideration of the original undertaking, the consideration of the original undertaking cannot be inquired into as it forms no part of the consideration of the guaranty, but it is otherwise where the guaranty is made, at the same time as or before the original undertaking, since in such case the consideration of the original undertaking is also the consideration of the guaranty.

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197 Ill. App. 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/automatic-electric-co-v-campbell-illappct-1916.

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