Merritt v. A. W. Boyden & Son
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Henry county; the Hon. W. H. Gest, Judge, presiding. This is an action of assumpsit, brought by the appellees against the appellant, Merritt, and one L. Silverman on a note made by Silverman and Merritt, which note was payable to their own order and endorsed by them in blank. The declaration contains a special count on the note, and the common counts.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Henry county; the Hon. W. H. Gest, Judge, presiding. This is an action of assumpsit, brought by the appellees against the appellant, Merritt, and one L. Silverman on a note made by Silverman and Merritt, which note was payable to their own order and endorsed by them in blank. The declaration contains a special count on the note, and the common counts. The following is a copy of the instrument sued upon: i “$1300.00 Kwanee, Ill., Oct. 4, 1897. ‘ ‘One year after date I promise to pay…
1Opinion of the CourtJustice Magruder
When the note, sued upon in this case, was signed and endorsed by the appellant, Merritt, and L. Silverman, Silverman took the npte, and, through his action or that of others acting for him, the note was sold and delivered to the appellees, Boyden & Son. The proof tends to show—and such proof is substantially undisputed—that the appellees purchased the note in good faith without notice of any defect in it, and paid therefor the sum of $1300.00.
The defense, made by the appellant in the trial court, was based upon two theories: First, that the words, “one hundred” were written in the body of…
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