Geist v. Kaplan

Appellate Court of Illinois

Geist v. Kaplan

195 Ill. App. 299, 1915 Ill. App. LEXIS 296

CourtAppellate Court of Illinois

DecidedNovember 1, 1915

DocketGen. No. 20,700

StatusPublished

Cited by1 cases

This text of 195 Ill. App. 299 (Geist v. Kaplan) 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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Geist v. Kaplan, 195 Ill. App. 299, 1915 Ill. App. LEXIS 296 (Ill. Ct. App. 1915).

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Opinion

Mr. Justice Holdom

delivered the opinion of the court.

2. Landlord and tenant, § 325*—when evidence insufficient to show alteration of lease. In an action by a lessor against a lessee for rent, a naked charge in the affidavit of defendant that the lease was materially altered or changed after its execution, without a showing that the alteration was authorized or made by any one having authority from the landlord, is an insufficient defense. 3. Landlord and tenant, § 418*—when lessee not released By assignment to third person. A lessee is still liable for the rent payable under the lease notwithstanding the assignment of the lease to a third person, unless he is relieved from that liability by the landlord or some one acting under the landlord’s direction. 4. Alteration of instruments, § 24*—when materiality question of law. The question of the materiality of .an alteration in a written instrument is one of law for the court and not of fact for the jury.

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Mr. Justice Holdom

delivered the opinion of the court.

2. Landlord and tenant, § 325*—when evidence insufficient to show alteration of lease. In an action by a lessor against a lessee for rent, a naked charge in the affidavit of defendant that the lease was materially altered or changed after its execution, without a showing that the alteration was authorized or made by any one having authority from the landlord, is an insufficient defense. 3. Landlord and tenant, § 418*—when lessee not released By assignment to third person. A lessee is still liable for the rent payable under the lease notwithstanding the assignment of the lease to a third person, unless he is relieved from that liability by the landlord or some one acting under the landlord’s direction. 4. Alteration of instruments, § 24*—when materiality question of law. The question of the materiality of .an alteration in a written instrument is one of law for the court and not of fact for the jury.

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195 Ill. App. 299, 1915 Ill. App. LEXIS 296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geist-v-kaplan-illappct-1915.

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