Puffer v. Smith
Illinois Supreme Court
Writ of Error to the Circuit Court of Scott county; the Hon. Charles D. Hodges, Judge, presiding. This was an action brought by Puffer against Smith, on a promissory note alleged to have been executed by the defendant. As a defense, it was alleged, the signature of the defendant was obtained to the note through fraud and circumvention.
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Writ of Error to the Circuit Court of Scott county; the Hon. Charles D. Hodges, Judge, presiding. This was an action brought by Puffer against Smith, on a promissory note alleged to have been executed by the defendant. As a defense, it was alleged, the signature of the defendant was obtained to the note through fraud and circumvention. The plaintiff held the note as assignee before maturity, for a valuable consideration, and without notice of the alleged fraud used in obtaining its execution. A trial by jury resulted in a verdict and judgment for the defendant. The plaintiff brings the record…
1Opinion of the CourtJustice Thornton
This was an action of assumpsit, by the assignee of a promissory note against the maker. The pleas were, non-assumpsit, non est factum verified by affidavit, and a special plea alleging fraud and circumvention in obtaining the execution of the note.
The evidence is conflicting; and doubts naturally arise, as to the credibility of some of the witnesses, upon reading the testimony as presented in the record.
The only witness examined, who was present at the time of the alleged execution of the note, was the defendant in error.
We learn from his evidence that two men, belonging to a numerous class…
2Cited by7 opinions
- Taylor v. SartoriousMissouri Court of Appeals · 1908
- Green v. WilkieSupreme Court of Iowa · 1896
- Chipman v. TuckerWisconsin Supreme Court · 1875
- Ort v. FowlerSupreme Court of Kansas · 1884
- Eldorado Jewelry Co. v. DarnellSupreme Court of Iowa · 1907
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