Walter v. Trustees of Schools for Town
Illinois Supreme Court
This was an action commenced by the Trustees of Schools for T. 2 S., R. 2 E., before a justice of the peace, against the plaintiff in error and two others as joint makers of a promissory note. Service was only made on Walter. A judgment was recovered against Walter, who prayed an appeal to the Circuit Court of Jefferson county.
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This was an action commenced by the Trustees of Schools for T. 2 S., R. 2 E., before a justice of the peace, against the plaintiff in error and two others as joint makers of a promissory note. Service was only made on Walter. A judgment was recovered against Walter, who prayed an appeal to the Circuit Court of Jefferson county. In the Circuit Court, Walter filed his plea of non est factum properly sworn to, and upon issue thereon the canse was submitted to Denning, Judge, for trial, without the intervention of a jury, and judgment was rendered against Walter for the sum of $47 77, at August…
1Opinion of the CourtTreat, C. J.
The defendant having verified his plea of non est factum by' affidavit, the plaintiffs were bound to prove the execution of the note. The ..affidavit was not evidence for the defendant, but, under the statute, it had the effect merely to put the execution of the instrument in issue. To maintain the issue on their part, the plaintiffs had only to prove, that the defendant was liable as maker for the payment of the note. The proof showed that the signature was not in his handwriting. It was not his note, therefore, unless he had originally authorized his name to be subscribed as one of the…
2Cited by3 opinions
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- Hirster v. StrehmannAppellate Court of Illinois · 1921