Hefner v. Vandolah
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. S. L. Richmond, Judge, presiding. This was an action on a promissory note, purporting to have been signed by Warren Coman and Marston Hefner, payable to Janies Vandolah, the plaintiff. Hefner alone was served with process, and pleaded the general issue, and also filed a special plea denying the execution of the note.
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Appeal from the Circuit Court of McLean county; the Hon. S. L. Richmond, Judge, presiding. This was an action on a promissory note, purporting to have been signed by Warren Coman and Marston Hefner, payable to Janies Vandolah, the plaintiff. Hefner alone was served with process, and pleaded the general issue, and also filed a special plea denying the execution of the note. The cause was tried by the court, a jury having been waived, and judgment rendered for the plaintiff Hefner appeals.
1Opinion of the CourtJustice Scott
It is conceded, that the signature to the note in controversy is not the genuine signature of appellant. The evidence abundantly establishes the fact that it is a forgery. The single question presented, is, whether the appellant, by his declarations and conduct, is estopped from denying the execution of the note.
There can be no controversy about the facts established by the evidence. The note upon which the suit was brought, bears date the 8th day of January, 1869, and purports to be signed by Warren Coman and the appellant, Marston Hefner. It was delivered to the appellee on or about the…
2Cases cited6 opinions
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Preston v. MannSupreme Court of Connecticut · 1856
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