Legal Opinion

Nagle v. Schnadt

Illinois Supreme Court

Decided April 23, 1909Published

Writ oE Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of DuPage county; the Hon. L. C. Ruth, Judge, presiding. On October 26, 1905, E. A. Nagle, the plaintiff in. error, filed a claim in the county court of DuPage county against the estate of Henry Schnadt, deceased.

Read the full summary

Writ oE Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of DuPage county; the Hon. L. C. Ruth, Judge, presiding. On October 26, 1905, E. A. Nagle, the plaintiff in. error, filed a claim in the county court of DuPage county against the estate of Henry Schnadt, deceased. The claim was based on a note dated August 12, 1903, for the sum of $3000, with interest thereon from date at the rate of five per cent per annum, payable to the order of F. L. Schnadt two years after date, alleged to have been signed by the deceased and assigned by the…

1Opinion of the CourtJustice Scott

The presumption is that the plaintiff in error is an innocent purchaser who acquired the promissory note before maturity, The evidence as to the signature was sharply conflicting and seems to have been about evenly balanced. Upon the trial certain non-experts, who testified for defendant in error to the effect that the signature to the note was not that of the deceased, were permitted to state wherein the signature to the note differed from the genuine signature of the deceased. There was no other alleged signature or writing of the deceased in evidence with which the signature to the note…

2Cases cited2 opinions

  1. South Park Commissioners v. Trustees of SchoolsIllinois Supreme Court · 1883
  2. Kendall's v. CollierCourt of Appeals of Kentucky · 1895

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API