Lien v. Spero

Full title: State of Ohio ex rel. Rodney P. Lien, Appellant, v. bernard Spero, Appellee

Court: Appellate Court of Illinois, First District

Date published: Dec 30, 1942

317 Ill. App. 377 (Ill. App. Ct. 1942)

46 N.E.2d 154

Opinion

Gen. No. 42,205. (Abstract of Decision.)

Opinion filed December 30, 1942

SURETYSHIP, § 55^_ — insufficiency of evidence as to written promise. In action based upon promise to answer for debt of another, evidence failed to establish existence of promise in writing as required by statute (Ill. Rev. Stat. 1941, ch. 59, par. 1; Jones Ill. Stats. Ann. 55.01).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Judgement affirmed. Heard in the second division, first district, this court at the April term, 1942.

Stephen A. Cross, for appellant; Kenneth B. Kirk, of counsel.

Brown West, for appellee; Lawrence J. West and Leo Spira, of counsel.

Opinion by JUSTICE FRIEND.

"Not to be published in full.'' Opinion filed December 30, 1942.