Ennor v. Hodson
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Jo Daviess county; the Hon. Joseph M. Bailey, Judge, presiding. This was an action of assumpsit, hy William Ennor, against Thomas H. Hodson, upon a promissory note of $6000, dated September 18, 1882, payable to Alice Ennor, twelve months after date, without interest, if paid when due, and indorsed to William Ennor by Alice Ennor.
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Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Jo Daviess county; the Hon. Joseph M. Bailey, Judge, presiding. This was an action of assumpsit, hy William Ennor, against Thomas H. Hodson, upon a promissory note of $6000, dated September 18, 1882, payable to Alice Ennor, twelve months after date, without interest, if paid when due, and indorsed to William Ennor by Alice Ennor. The main defense set up was payment to Alice Ennor by the maker, he contending, that as she was the equitable owner, a settlement with and payment…
1Opinion of the CourtJustice Scholfield
The question for our consideration upon this record is, whether the circuit court erred in instructing the jury that plaintiff in error could not recover unless he had the equitable as well as the legal title to the note upon which the suit is brought, at the time of the commencement of the suit. It. may be conceded that if the assignment of Alice Ennor was purely formal, as, for instance, for collection, and she had the present right to the proceeds of the note, the circuit court properly instructed the jury. But although she may have been the equitable owner of the proceeds of the note, yet…
2Cases cited3 opinions
- Swift v. CastleIllinois Supreme Court · 1859
- Mobley v. RyanIllinois Supreme Court · 1852
- Paris v. MoeSupreme Court of Georgia · 1878
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- Ricke v. Armco Inc.Court of Appeals for the Eighth Circuit · 1996
- Ricke v. Armco Inc.Court of Appeals for the Eighth Circuit · 1996
- Northern Trust Co. v. TraceyAppellate Court of Illinois · 1990