delivered the opinion of the court.
Donovan v. Ingoldsby, 186 Ill. App. 335 (1914)
April 15, 1914
·
Illinois Appellate Court
·
Gen. No. 5,860
186 Ill. App. 335
Daniel Donovan, Appellee, v. John Ingoldsby, Appellant.
Gen. No. 5,860.
(Not to be reported in full.)
Appeal from the County Court of Lee county; the Hon. Robert H. Scott, Judge, presiding.
Heard in this court at the October term, 1913.
Affirmed.
Opinion filed April 15, 1914.
*336Statement of the Case.
Action by Daniel Donovan against John Ingoldsby to recover certain indebtedness which it was alleged defendant promised to pay in consideration of a conveyance of lands from the wife of the original debtor. On trial without a jury, plaintiff recovered a judgment for $261.50. From the judgment, defendant appeals.
Harry Edwards, for appellant; Donald A. Callahan, of counsel.
Henry S. Dixon and George C. Dixon, for appellee.
Abstract of the Decision.
1. Contbacts, § 385 * —when recovery on agreement to pay indebtedness of another sustained by the evidence. In an action to recover on a certain indebtedness which it was alleged that defendant agreed to pay on taking a conveyance of property from the wife of plaintiff’s original debtor, the defense being that defendant did not promise to pay such indebtedness, held that a finding in favor of plaintiff was sustained by the evidence.
2. Appeal and ebboe, § 1487 * —when admission of incompetent evidence not ground for reversal. Where an action at law is tried by a judge without "a jury, the admission of incompetent evidence will not be ground for reversal if there is sufficient competent evidence to sustain the finding.