Harvey v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Silvanus Wilcox, Judge, presiding. This was an action on a promissory note by an assignee against the maker, given for the purchase of some fanning mills.
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Appeal from the Circuit Court of Kane county; the Hon. Silvanus Wilcox, Judge, presiding. This was an action on a promissory note by an assignee against the maker, given for the purchase of some fanning mills. The defendant testified on the trial, that the mills had never been delivered to him, and that the note, at the time he executed it, contained a condition, written in pencil, as follows: “ This note is not to be paid until fourteen mills are sold,” and that the same had since been erased. The note, as offered in evidence, was written in ink, and bore no trace of a pencil mark, or any…
1Opinion of the CourtJustice Breese
This was an action of assumpsit, in the ICane circuit court. The defense was, that the note had been altered in a material part since its execution and delivery. The jury found for the defendant. A motion for a new trial was duly made and overruled, and judgment rendered on the verdict.
To reverse this judgment, the plaintiff appeals to this court.
The note sued on had been assigned to the plaintiff some months before its maturity, and under circumstances to excite no suspicion or inquiry. Full value was paid for the note, and the evidence to establish the defense was so slight, compared with…
2Cited by11 opinions
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- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
- Anderson v. WarneIllinois Supreme Court · 1873
- Diamond Distilleries Co. v. GottCourt of Appeals of Kentucky · 1910
- Yocum v. SmithIllinois Supreme Court · 1872
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