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24 Ill. 206

Newlan v. Harrington

Illinois Supreme Court

Decided April 15, 1860

Illinois Supreme Court · decided 1860-04-15

This suit was brought upon a note, of which the following is a copy: Aurora, August 20th, 1858. One year after date, for value received, I promise to pay Thomas NewlaA, or order, the sum of one hundred and thirty-eight dollars, at ten per cent, per annum. J. H. OROUTT. The’first count alleges, that defendant was possessed of said note, and exchanged it for a gray mare with defendant, and guaranteed the payment of said note upon the back thereof.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-04-15

How this case has been cited

Cited by 4 later decisions — most recently November 2013

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1It is a familiar principle, that a guarantor is not liable beyond the express terms of his undertaking, and a change in those terms, by which a conditional undertaking shall be made absolute, is such a material alteration as will avoid it.

¶2Here, Newlan guaranteed * the collection of the note. This required the party should make some effort to collect the note, for, although a party may be insolvent as to his general liabilities, it may be in his power to pay a particular note.

¶3By cutting off the words, “ the collection of,” the guarantee becomes an absolute one. This is a material alteration, and avoids the guarantee.

¶4Gillet et al. v. Sweat, 1 Gilm. 489; Chappel v. Spencer et al., 23 Barbour, 584; Gardiner v. Harback, 21 Ill. R. 129; 32 Eng. L. & Eq. 162; Ryan v. The Trustees of Shawneetown, 14 Ill. R. 24; 20 Penn. 12; Burchfield v. Moore, 25 Eng. L. & E. 123.

¶5It is not good policy to permit a party interested in such papers, to alter them.

¶6The judgment is reversed, and the cause remanded.

¶7Judgment reverseal.

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