Webber v. Donnelly

Marston, J:

Donnelly sued Webber in assumpsit to recover the amount of a certain draft drawn by Enright & Kelly of Chicago upon Webber. The draft purported to have been accepted by one Henshaw. Defendant denied the authority of Henshaw to accept the draft, and denied any subsequent ratification of his act. The defense claimed that the plaintiff was not a Iona fide holder, and set up failure and illegality of consideration as a defense.

In reference to the authority of Henshaw to accept the draft, the court below found that he had no such authority. *470The court, however, did find that the…