St. Vincent College v. Hallett
Court of Appeals for the Seventh Circuit
In Error from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois; George A. Carpenter, Judge. Actions by Edward L. Suffern and another, doing business as Suffern & Son, by National Copper Bank, arid by Allen P. Hallett against St. Vincent College. Judgment for plaintiff in each case, and defendant brings error.
1DissentHumphrey, District Judge
The second, third, and fourth pleas averred failure of consideration and notice of that fact to plaintiff.
No proof was offered under the second or fourth pleas, and demurrer was sustained as to third plea, as to .which ruling no error is relied on.
In this state of the record, the holders of the notes were bona fide holders, arid, to make a defense against such holders, the law requires proof not only that there was no consideration, but also that the purchaser at the time of purchase had knowledge of such want of consideration. This is statutory in Illinois and is in accord with all the…
2Cases cited24 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- National Home Building & Loan Ass'n v. Home Savings BankIllinois Supreme Court · 1899
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
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