Michigan Avenue Trust Co. v. Graham

205 Ill. App. 608, 1917 Ill. App. LEXIS 1255

Opinion

Mr. Justice McDonald

delivered the opinion of the court.

2. Guaranty, § 34*—When nonpayment of notes need not "be proved by plaintiff. In an action on a written contract of guaranty, where plaintiff’s statement of claim alleges the execution and delivery of certain notes to it by the debtor, and that such notes had not been paid, except for certain enumerated payments, and defendants’ affidavit of merits makes no defense of payment, plaintiff is not required to prove nonpayment of the notes.