Iglehart v. Jernegan
Illinois Supreme Court
This is an action brought upon certain promissory' notes, signed by the defendants, and payable to the order of Vance and Smith. It is admitted of record, that the said notes were assigned to the (nominal) plaintiff, Jernegan, (who was attorney of Vance and Smith,) after said notes were due. The defense is, that the defendants became parties to these notes, for the accommodation of the real plaintiffs, Vance and Smith, and received from them no consideration therefor.
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This is an action brought upon certain promissory' notes, signed by the defendants, and payable to the order of Vance and Smith. It is admitted of record, that the said notes were assigned to the (nominal) plaintiff, Jernegan, (who was attorney of Vance and Smith,) after said notes were due. The defense is, that the defendants became parties to these notes, for the accommodation of the real plaintiffs, Vance and Smith, and received from them no consideration therefor. The notes sued on, together with divers other notes and drafts, now in suit, were all given in renewal of or in substitution…
1Opinion of the CourtSoates, J.
The points made are : improperly excluding the evidence of the declarations or admissions of Smith, one of the assignors, made, as a witness on a former trial, in relation to the transaction for which the notes were given; also an account showing the same, furnished by Smith ; letters from assignor’s attorneys to them about the same; the admission of Sharpe’s reply to ninth cross interrogatory; giving instructions for plaintiff below; and refusing the second and fifth instructions of plaintiff here.
The defense set up was, that plaintiff was merely an accommodation drawer for Vance & Smith,…
2Cases cited1 opinion
- Burdick v. GreenNew York Supreme Court · 1818
3Cited by6 opinions
- Moore v. McKevittCalifornia Supreme Court · 1919
- Starkey v. PeopleIllinois Supreme Court · 1855
- Barnett v. PeopleIllinois Supreme Court · 1870
- Patzner v. BaiseIllinois Supreme Court · 1990
- Beringer v. LacknerAppellate Court of Illinois · 1947
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