CONFESSION OF JUDGMENT, § 55 — asserted defense to note as not existing. On motion to open up a judgment by confession entered against two makers of a note and a third party who claimed to be an endorser rather than a comaker, on default in payment by the makers, the third party alleged as a defense that he agreed to pay the balance of the principal on condition that the payee waive interest, and since the third party was bound to pay interest as either maker or endorser his promise to do what he was already bound to do furnished no valid consideration for payee's alleged agreement to waive interest, and the third party as a matter of law was not entitled to have a jury pass on the existence of the alleged agreement.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE FRIEND.
"Not to be published in full." Opinion filed March 24, 1942; rehearing denied April 11, 1942.