Legal Opinion

Roberts v. Haskell

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 5 opinions

This is an action by the appellee as indorsee, against the appellant as indorser, of a promissory note. The note and indorsement upon the same are as follows : $200. Peoria, Ill., May 10, 1855. One year after date, I promise to pay Isaac Underhill, or order, two hundred dollars, for value received, with interest at six per cent, per annum, payable annually from the date hereof. M. ZANONI. Indorsed on the back: Pay to Porteus B. Roberts, without recourse to me. I. UNDERHILL.

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This is an action by the appellee as indorsee, against the appellant as indorser, of a promissory note. The note and indorsement upon the same are as follows : $200. Peoria, Ill., May 10, 1855. One year after date, I promise to pay Isaac Underhill, or order, two hundred dollars, for value received, with interest at six per cent, per annum, payable annually from the date hereof. M. ZANONI. Indorsed on the back: Pay to Porteus B. Roberts, without recourse to me. I. UNDERHILL. Pay to William Brady, or order. P. B. ROBERTS. Pay to William H. Haskell. WILLIAM BRADY. • The declaration was filed in…

1Opinion of the CourtCaton, C. J.

This was an action by a third indorsee against the second indorsee. It was offered to be proved for the defense that while the note was under the blank indorsement of the first indorser, it had passed through the hands of the plaintiff, who subsequently received it, and now holds and sues upon it as the third indorsee. This evidence we think was properly ruled out by the court. By receiving and passing the note while under a blank indorsement, and without putting his name to it, he assumed no responsibility in relation to it. The moment he parted with it he became as much a stranger to it as…

2Cited by5 opinions

  1. Clayes v. WhiteIllinois Supreme Court · 1876
  2. Barlow v. CooperAppellate Court of Illinois · 1903
  3. Estate of Teeple v. SavageAppellate Court of Illinois · 1915
  4. Swiggett v. SeymourU.S. Circuit Court for the District of Indiana · 1868
  5. Windheim v. OhlendorfAppellate Court of Illinois · 1878

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