Legal Opinion

Henderson v. Davisson

Illinois Supreme Court

Decided October 14, 1895PublishedCited by 20 opinions

Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas P. Tipton, •Judge, presiding. The note in controversy for $1435, executed by appellants, Harry M. and Prank R. Henderson, to one J. C. Phillips as payee, was sold and endorsed by Phillips to •appellee, H. D. Davisson.

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Appeal from the Appellate Court for the Third District; — heard in that court on appeal from the Circuit Court of McLean county; the Hon. Thomas P. Tipton, •Judge, presiding. The note in controversy for $1435, executed by appellants, Harry M. and Prank R. Henderson, to one J. C. Phillips as payee, was sold and endorsed by Phillips to •appellee, H. D. Davisson. Appellee afterwards borrowed $400 from the People’s Bank and pledged the Henderson note as collateral, by endorsing his name on the note and delivering possession of it to said bank. On April 12, 1894, the Hendersons refusing to pay…

1Opinion of the CourtJustice Phillips

The note having matured and suit been instituted thereon, if a judgment is rendered no subsequent holder-can thereafter maintain a recovery on the same. (Middleton v. Griffith, 31 Atl. Rep. N. J. 405.) It is a matter with which the defendant has no concern as to rights between the plaintiff and another in the beneficial interest in the judgment, unless his defense is set off, payment, etc. Parks v. Brown, 16 Ill. 454.

Possession of the note is prima facie evidence of ownership, and a payee or endorsee in possession may recover, notwithstanding an endorsement of his name on the back thereof.…

2Cases cited2 opinions

  1. Parks v. BrownIllinois Supreme Court · 1855
  2. Laflin v. ShermanIllinois Supreme Court · 1862

3Cited by20 opinions

  1. Joslyn v. JoslynIllinois Supreme Court · 1944
  2. Dillon v. ElmoreIllinois Supreme Court · 1935
  3. Miller v. SwansonAppellate Court of Illinois · 1965
  4. Tampa Investment & Securities Co. v. TaylorAppellate Court of Illinois · 1933
  5. Schmoldt v. Chicago Stone Setting Co.Appellate Court of Illinois · 1941

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