Metcalf v. Draper
Appellate Court of Illinois
Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Edwakd F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — On March 4, 1897, Ealph Metcalf, as receiver of the Dime Savings Bank, obtained in the Circuit Court of Cook County against Arthur W. Draper a judgment by confession for $5,850.93, being on one principal note of $4,000 and eight interest coupon notes of $140 each.
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Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Edwakd F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — On March 4, 1897, Ealph Metcalf, as receiver of the Dime Savings Bank, obtained in the Circuit Court of Cook County against Arthur W. Draper a judgment by confession for $5,850.93, being on one principal note of $4,000 and eight interest coupon notes of $140 each. All of the notes were dated May 1, 1891. The principal note was due five years after date, and the coupon notes . were respectively due…
1Opinion of the Court
Hr. Justice Waterman
delivered the opinion of the court.
Appellee urges that the notes under consideration were put in circulation fraudulently, and that such being the case the burden Avas upon the plaintiff to shoAv that it took the notes in good faith and for value, in the usual course of business. In support of this contention it calls attention to the Hide and Leather Bank v. Alexander, 184 Ill. 416, same, 82 Ill. App. 484; Hodson v. Eugene Glass Co., 156 Ill. 397; Charles v. Rennick, 156 Ill. 327; Wright v. Brosseau, 73 Ill. 381; and to Vol. 4 Am. & Eng. Ency. of Law, 2d Ed., 321.
Heither…
2Cases cited14 opinions
- Olds v. CummingsIllinois Supreme Court · 1863
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
- Comstock v. HannahIllinois Supreme Court · 1875
- Wright v. BrosseauIllinois Supreme Court · 1874
- Bemis v. HornerIllinois Supreme Court · 1896
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