Hovorka v. Hemmer
Appellate Court of Illinois
Bill to Cancel and Annul an Agreement.—Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge piresiding. Heard in the Branch Appellate Court at the October term, 1902.
1Opinion of the CourtJustice Stein
The facts of this case do not bring it within Siegel v. Trust and Savings Bank, 33 Ill. App. 225, 131 Ill. 509. The $1.50 agreed to be paid by appellants for each issue is payable, not at a fixed, specific date, but “ upon publication.” The instrument therefore was not negotiable, being payable in a contingent, uncertain event. Husband v. Epling, 81 Ill. 172.
But assuming it to be negotiable, there was still a defense to it at law, even in the hands of an innocent purchaser for value. The instrument became absolutely void by reason of the fraudulent alteration. Vannatta v. Lindley, 198 Ill. 40.
2Cases cited3 opinions
- Husband v. EplingIllinois Supreme Court · 1876
- Vannatta v. LindleyIllinois Supreme Court · 1902
- Siegel v. Chicago Trust & Savings BankAppellate Court of Illinois · 1889