Geist v. Kaplan

Decided November 1, 1915

Appellate Court of Illinois · decided 1915-11-01

Abstract of the Decision. 1. Appeal and error, § 1380*—when leave to defend after confession a matter of discretion. The granting of leave to defend after judgment has been confessed, under power contained in a lease, is a matter addressed to the sound discretion of the court, and unless it can be said that there has been an abuse of discretion, the court of review will not disturb the action of the trial 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.

Cited by 1 later decisions — most recently February 1933

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-11-01

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Mr. Justice Holdom

¶1delivered 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.