Lockridge v. Nuckolls
Illinois Supreme Court
This was an action of assumpsit on a promissory note, commenced by Nuckolls against Lockridge in the Circuit Court of Sangamon county. The appellant appeared and filed the general issue and notice.
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This was an action of assumpsit on a promissory note, commenced by Nuckolls against Lockridge in the Circuit Court of Sangamon county. The appellant appeared and filed the general issue and notice. The notice is in the words and figures following, to wit : “ The plaintiff will take notice, that on the trial of this cause, the said defendant will undertake to prove that the note sued on, in this case, was wrongfully obtained by fraud or otherwise, from the estate of James Nuckolls, deceased, or from him, during his last illness, by-Nuckolls ; and that said note is part of the assets of said…
1Opinion of the CourtWalker, J.
Under the general issue and notice of the special matter of defense, the appellant offered to prove that the note was obtained from the payee, either by larceny or fraud. That the appellee purchased with full notice of that fact, and was not the owner of the note in good faith. The court rejected the evidence, upon the grounds that there was no plea verified by affidavit interposed, which denied the assignment of the note sued upon in the case. It is provided by the fifty-ninth section of the practice- act that “ In actions upon bonds, notes and all other writings, made assignable by law, in…
2Cited by5 opinions
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