RYAN v. KLAFTER, 309 Ill. App. 136 (1941)

32 N.E.2d 680

Gen. No. 40,691. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 11, 1941 Rehearing denied March 27, 1941

MORTGAGES, § 62[*] — extension notes, liability on. Court below should have granted plaintiff judgment notwithstanding the verdict, where plaintiff sued as holder of note and as a beneficiary under an extension agreement, and defendant claimed that he signed extension of note after the holders agreed not to hold him liable thereon, but letter to this effect could not be produced, the holders all denied having made such an agreement, and defendant’s former secretary could not testify as to the contents of the letter or identify the signatures, and in another action on the companion notes, defendant had contended that the extension agreement provided recourse would not be had against him until the remedies against the property had been exhausted.

Page 137

Appeal from Municipal Court of Chicago; Hon. JOHN V. McCORMICK, presiding.

Judgment reversed and judgment here. Heard in second division, first district, this court at April term, 1939.

Rothbart Rosenfield, for appellant. Nathan Einhorn, for appellee. Irving Goodman, of counsel;

Opinion by JUSTICE JOHN J. SULLIVAN.

“Not to be published in full.” Opinion filed March 11, 1941; rehearing denied March 27, 1941.