Smith v. North

Decided February 1, 1897

Appellate Court of Illinois · decided 1897-02-01

<p>1. Pleas—Amounting to the General Issue.—The sustaining of a demurrer to a plea, which set up matters that were admissible under the general issue, can not be assigned as error when the general issue was also pleaded.</p> <p>2, Promissory Notes—Indorsed by Third Persons—Presumption of Liability—Evidence in Rebuttal.—The signature of a person, other than the payee On. the back of a promissory note, is prima facie evidence that he assumed the liability of guarantor; and in a suit on such a contract it is a question of fact for the jury whether the evidence introduced is sufficient to remove the legal presumption of guaranty.</p>

Relies on Kingsland v. Koeppe

Affirmed · Decided 1897-02-01

Mr. Justice Waterman

¶1delivered toe opinion of the Court.

¶2The matters presented by the special pleas were, so far as any defense was thereby disclosed, admissible under the general issue; the defendants’ demurrer was therefore properly sustained.

¶3The defendants might, and did, resort to parol evidence to prove what the contract made between the parties was. The signatures of the defendants on the back of the note were prima facie evidence that the defendants assumed the liability of guarantors; whether the evidence introduced was sufficient to" remove the legal presumption of guaranty was a question of fact for the jury. Kingsland et al. v. Koeppe et al., 137 Ill. 344.

¶4The defendants were allowed to introduce all the competent evidence offered by them on this question.

¶5We find no error warranting a reversal of the judgment of the Circuit Court and it is affirmed.