Depuy v. Schuyler
Illinois Supreme Court
Appeal from the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. This was an action in assumpsit, originally brought by the appellee, before a justice of the peace, against the appellant, on a negotiable note, made by him, and payable to the Union Dispatch company, or bearer, and indorsed by the said company to the appellee.
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Appeal from the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. This was an action in assumpsit, originally brought by the appellee, before a justice of the peace, against the appellant, on a negotiable note, made by him, and payable to the Union Dispatch company, or bearer, and indorsed by the said company to the appellee. On the trial before the justice, judgment was rendered in favor of appellant, and appellee took an appeal to the Circuit Court of Lee county, where a trial was had before a jury, which resulted in a verdict and judgment for appellee, whereupon an…
1Opinion of the CourtChief Justice Breese
It is unnecessary to discuss the questions made on this record, as the established doctrine of this State as to negotiable paper is, that the indorsee of a note, in the absence of proof to the contrary, is presumed to have taken it in the due course of trade, and before maturity, and for value and bona fide. A person questioning the fairness of the transaction, to defeat a recovery, must prove that it was not for value, or that it was made for a fraudulent purpose. Wightman v. Hart, 37 Ill. 123; Mulford v. Shepard, 1 Scam. 583.
The indorsement in this case being without date, the presumption…
2Cases cited3 opinions
- Mobley v. RyanIllinois Supreme Court · 1852
- Wightman v. HartIllinois Supreme Court · 1865
- Easter v. MinardIllinois Supreme Court · 1861
3Cited by8 opinions
- Farber v. National Forge & Iron Co.Indiana Supreme Court · 1894
- Clarke v. NewtonIllinois Supreme Court · 1908
- Mann v. Merchants' Loan & Trust Co.Appellate Court of Illinois · 1902
- Gehlbach v. Carlinville National BankAppellate Court of Illinois · 1899
- Farber v. National Forge & Iron Co.Appellate Court of Illinois · 1893
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