Munson v. Nichols
Illinois Supreme Court
• Writ of Error to the Circuit Court of Kankakee County; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit brought by Jefferson Mun-son, who sued for the use of Christopher C. Robinson, against Roswell C. Nichols, upon a promissory note executed by Nichols, March 23, 1868, payble one year after the date thereof, to H. Burbank, or bearer, and assigned to Munson, June 30, 1868. To the declaration filed in the cause the defendant filed five pleas, the…
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• Writ of Error to the Circuit Court of Kankakee County; the Hon. Charles H. Wood, Judge, presiding. This was an action of assumpsit brought by Jefferson Mun-son, who sued for the use of Christopher C. Robinson, against Roswell C. Nichols, upon a promissory note executed by Nichols, March 23, 1868, payble one year after the date thereof, to H. Burbank, or bearer, and assigned to Munson, June 30, 1868. To the declaration filed in the cause the defendant filed five pleas, the following being the last in the series : And for a further plea in this behalf the defendant says actio non, because he…
1Opinion of the CourtJustice Sheldon
The error assigned upon this record is, in overruling the demurrer to the fifth plea.
The facts disclosed by the plea show, that by an artifice of the payee of the note, the defendant was induced to execute it as one payable absolutely, under the belief that it Avas another one of a different character—one payable only on a contingency.
This makes a case, not merely of fraud in relation to the contract or consideration of the note, but of fraud and circumvention in obtaining the making or executing of the note, Avhich, under the eleventh section of the act relative to negotiable instruments, is…
2Cases cited1 opinion
- Latham v. SmithIllinois Supreme Court · 1867
3Cited by5 opinions
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