Newlan v. Harrington
Cases that cite this one
1 later published case cites this decision.
- Ochs v. Hindman (District Court, N.D. Illinois 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It 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.
Here, 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.
By cutting off the words, “ the collection of,” the guarantee becomes an absolute one. This is a material alteration, and avoids the guarantee.
Gillet 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.
It is not good policy to permit a party interested in such papers, to alter them.
The judgment is reversed, and the cause remanded.
Judgment reverseal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.