Easter v. Minard
Illinois Supreme Court
This suit was commenced by defendant in error against the plaintiff in error, in assumpsit, upon a promissory note signed by the plaintiff in error, and Charles G. Scott, and tried at the May term, A. D. 1860, of the Kane Circuit Court, I. G. Wilson, Judge, presiding, and a jury. The note was joint and several.
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This suit was commenced by defendant in error against the plaintiff in error, in assumpsit, upon a promissory note signed by the plaintiff in error, and Charles G. Scott, and tried at the May term, A. D. 1860, of the Kane Circuit Court, I. G. Wilson, Judge, presiding, and a jury. The note was joint and several. The plaintiff in error joined with Scott, and filed a plea of the general issue, and John D. Easter filed his two separate special pleas, in which he set up that the execution of said note was obtained from him by fraud and circumvention. To the first special plea the defendants in…
1Opinion of the CourtWalker, J.
The third plea filed by the appellant, avers, that the note sued upon was obtained of him by fraud and circumvention. That both the payee and the principal, to induce him to execute it as security, falsely, fraudulently and collusively agreed and promised, that one Parks should also execute the note as co-security, and that unless he should execute the note, it should not be delivered to, or received by the payee, and that relying upon the agreement, he executed it as such security, but that in fraud of the agreement the note was delivered to, and received by the payee, although Parks did not…
2Cases cited1 opinion
- Young v. WardIllinois Supreme Court · 1859
3Cited by10 opinions
- Shipley v. CarrollIllinois Supreme Court · 1867
- Anderson v. WarneIllinois Supreme Court · 1873
- Cooper v. NockIllinois Supreme Court · 1862
- Depuy v. SchuylerIllinois Supreme Court · 1867
- Murray v. BeckwithIllinois Supreme Court · 1868
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