Anderson v. Warne
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Silvanus Wilcox, Judge, presiding. This was an action, brought by John Warne against Gunner Anderson and one Paul Brusher, before a justice of the peace, and taken by appeal to the circuit court. There was no service on Brusher, the principal in. the note. The opinion of the court states the material facts of the case.
1Opinion of the CourtJustice Scott
The note which is the foundation of this action was made bv plaintiff in error and Paul Brusher, and by its terms was payable to defendant in error. It is sought to avoid the payment, on the ground the note was obtained by fraud and circumvention. This defense can not be maintained. The wrongful conduct shown was between the makers, and was not participated in by the payee. He was guilty of no fraudulenfc practices whatever. Brusher applied to him for the loan of $100, and proposed to give Gunner Anderson as security. At first the proposition was declined, but on further entreaty it was…
2Cases cited5 opinions
- Taylor v. AtchisonIllinois Supreme Court · 1870
- Young v. WardIllinois Supreme Court · 1859
- Leach v. NicholsIllinois Supreme Court · 1870
- Harvey v. SmithIllinois Supreme Court · 1870
- Easter v. MinardIllinois Supreme Court · 1861
3Cited by16 opinions
- Miller v. LarnedIllinois Supreme Court · 1882
- Keohane v. SmithIllinois Supreme Court · 1880
- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- Green v. WilkieSupreme Court of Iowa · 1896
- Jones v. SwiftIndiana Supreme Court · 1884
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