Empire Security Co. v. Berry

Appellate Court of Illinois

Empire Security Co. v. Berry

211 Ill. App. 278

CourtAppellate Court of Illinois

DecidedMay 14, 1918

DocketGen. No. 23,549

StatusPublished

Cited by3 cases

This text of 211 Ill. App. 278 (Empire Security Co. v. Berry) 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.

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Empire Security Co. v. Berry, 211 Ill. App. 278 (Ill. Ct. App. 1918).

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Opinion

Mr. Justice McDonald

delivered the opinion of the court.

4. Bills and notes, § 172* — what regarded as surplusage in guaranty of note. Where the guaranty of a note is otherwise absolute, the use of the words “To whom it may concern," by way of preamble, is immaterial, and such words may he regarded as surplusage. 5. Guaranty, § 6* — when notice of acceptance unnecessary. Where a guaranty of a note is absolute, no notice of its acceptance is necessary to hind the guarantor. 6. Guaranty, § 6* — when notice of acceptance is unnecessary. Where a contract of guaranty is entered into contemporaneously with the principal agreement, no notice of acceptance to the guarantor is necessary. 7. Guaranty, § 6* — when notice of acceptance is unnecessary. No notice of acceptance to make an agreement of guaranty of a note binding is necessary where such agreement acknowledges the receipt of a valuable consideration moving from the creditor to the guarantor. 8. Guaranty, § 36a* — when notice of acceptance shown. In an action on a written guaranty of a note, evidence held sufficient to show that defendant received notice of the acceptance of his contract of guaranty. 9. Guaranty, § 36a* — when shown that execution was authorized. In an action- on a written guaranty of a note, evidence held to show that defendant authorized the execution of the guaranty on his behalf. 10. Appeal and error, § 1078* — what is effect of failure to file cross error. A defendant, and appellee, is bound by a special finding upon which he assigns no cross error.

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Mr. Justice McDonald

delivered the opinion of the court.

4. Bills and notes, § 172* — what regarded as surplusage in guaranty of note. Where the guaranty of a note is otherwise absolute, the use of the words “To whom it may concern," by way of preamble, is immaterial, and such words may he regarded as surplusage. 5. Guaranty, § 6* — when notice of acceptance unnecessary. Where a guaranty of a note is absolute, no notice of its acceptance is necessary to hind the guarantor. 6. Guaranty, § 6* — when notice of acceptance is unnecessary. Where a contract of guaranty is entered into contemporaneously with the principal agreement, no notice of acceptance to the guarantor is necessary. 7. Guaranty, § 6* — when notice of acceptance is unnecessary. No notice of acceptance to make an agreement of guaranty of a note binding is necessary where such agreement acknowledges the receipt of a valuable consideration moving from the creditor to the guarantor. 8. Guaranty, § 36a* — when notice of acceptance shown. In an action on a written guaranty of a note, evidence held sufficient to show that defendant received notice of the acceptance of his contract of guaranty. 9. Guaranty, § 36a* — when shown that execution was authorized. In an action- on a written guaranty of a note, evidence held to show that defendant authorized the execution of the guaranty on his behalf. 10. Appeal and error, § 1078* — what is effect of failure to file cross error. A defendant, and appellee, is bound by a special finding upon which he assigns no cross error.

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211 Ill. App. 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-security-co-v-berry-illappct-1918.

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