Richards v. Darst
Illinois Supreme Court
Appeal from the Circuit Court of Woodford county ; the Hon. S. L. Richmond, Judge, presiding. This was an action of assumpsit, brought npon a promissory note, dated Uov. 7, 1868, for $1,185.86, due thirty days after date, with interest at ten per cent., signed by Richards as maker, and Cassell and Magarity as securities.
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Appeal from the Circuit Court of Woodford county ; the Hon. S. L. Richmond, Judge, presiding. This was an action of assumpsit, brought npon a promissory note, dated Uov. 7, 1868, for $1,185.86, due thirty days after date, with interest at ten per cent., signed by Richards as maker, and Cassell and Magarity as securities. Upon this note were total endorsements of payments made' at three different times, amounting to $775. Upon the note offered in evidence, was an endorsement, to wit: “Harrison Darst per John Darst,” which endorsement was erased by plaintiff’s attorney on the trial. The…
1Opinion of the CourtChief Justice Breese
The cases of Brinkley v. Going, Breese, (new ed.) 366, 367, and Kyle v. Thompson et al. 2 Scam. 432, and Parks v. Brown, 16 Ill. 454, are decisive of this case.
The point was the same in each of those cases, and the court held the plaintiff could recover.
And so in Pardee v. Lindley, 31 Ill. 174, it was held, that whatever writing the payee of a note may have placed upon it, he may, while it remains in his hands, erase or otherwise render inoperative. If he has written an assignment upon the note and it remains in Ms hands, he will he deemed not to have parted with his interest in it. No such…
2Cases cited2 opinions
- Pardee v. LindleyIllinois Supreme Court · 1863
- Parks v. BrownIllinois Supreme Court · 1855
3Cited by5 opinions
- Humphreyville v. Culver, Page, Hoyne & Co.Illinois Supreme Court · 1874
- Walsh v. MarvelAppellate Court of Illinois · 1906
- Henderson v. DavissonAppellate Court of Illinois · 1895
- Van Vlissingen v. RothAppellate Court of Illinois · 1905
- Wright v. NeelyAppellate Court of Illinois · 1902