Opinion
Gen. No. 41,015. (Abstract of Decision.)
Opinion filed April 10, 1940 Rehearing denied April 24 1940
SURETYSHIP, § 28 — delay in proceeding against principal. Where surety requested creditor to take action against debtor in April, creditor brought suit against both debtor and surety in May, the debtor being in jail at the time, and in November judgment was taken against debtor and execution returned unsatisfied, surety could not defend action on ground creditor did not within a reasonable time and with due diligence prosecute suit to final judgment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOSEPH J. DRUCKER, presiding.
Affirmed. Heard in third division, first district, this court at December term, 1939.
Julius L. Kabaker, for appellant;
Gilruth, Beck McConnell, for appellee;
Alfred Beck and Milton S. Applebaum, of counsel.
"Not to be published in full." Opinion filed April 10, 1940; rehearing denied April 24, 1940.