Waite v. Kalurisky
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Lobin C. Collins, Judge, presiding. Statement by Moban, J. This was an action by appellant to recover against appellee upon a note made by appellee to the order of Graff, Abrahamson & Co. The n -te was indorsed by Graff, Abrahamson & Co. and by Kiaus & Mayer.
Read the full summary
Appeal from the Circuit Court of Cook County; the Hon. Lobin C. Collins, Judge, presiding. Statement by Moban, J. This was an action by appellant to recover against appellee upon a note made by appellee to the order of Graff, Abrahamson & Co. The n -te was indorsed by Graff, Abrahamson & Co. and by Kiaus & Mayer. It was shown by the evidence that the note was sued in the name of appellant, who was a clerk in the law office of Kraus & Mayer, but that the note in fact belonged to one Moses Harris, and was put in suit by his attorneys, Kraus & Mayer, and was to be collected for his benefit. The…
1Opinion of the CourtMoran, J.
On the trial the court gave to the jury the following, among other instructions:
“ If the jury believes from the evidence in this case, that the plaintiff was not the legal owner and holder of the note sued upon, and that Moses Harris is the legal owner and holder of the same and had said note sued upon in the name of said plaintiff, and that Graff, Abrahamson & Co., the payees of said note, obtained said note of the defendant as an accommodation note and without consideration, and that said note was assigned to said Moses Harris by said Graff, Abrahamson & Co. with notice and knowledge at the…
2Cases cited1 opinion
- Miller v. LarnedIllinois Supreme Court · 1882
3Cited by2 opinions
- Dawson v. TolmanAppellate Court of Illinois · 1890
- Naef v. PotterAppellate Court of Illinois · 1906