Parks v. Brown
Illinois Supreme Court
This was an action commenced before a justice of the peace and taken by appeal to the Circuit Court of LaSalle county, where it was tried by Leland, Judge, and a jury, at May term, 1854. The note sued on, was made payable to the order of Nathaniel Brown, and was indorsed on the back, “ Nathaniel Brown.” When offered in evidence to the jury, on exception taken, it was excluded by the court, on account of the indorsement.
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This was an action commenced before a justice of the peace and taken by appeal to the Circuit Court of LaSalle county, where it was tried by Leland, Judge, and a jury, at May term, 1854. The note sued on, was made payable to the order of Nathaniel Brown, and was indorsed on the back, “ Nathaniel Brown.” When offered in evidence to the jury, on exception taken, it was excluded by the court, on account of the indorsement. The counsel for plaintiff then erased the indorsement, and the note was admitted in proof, against the exception of the defendant.
1Opinion of the CourtScates, C. J.
The only question presented is, whether a plaintiff can strike out a blank indorsement, on a promissory note payable to order, on the trial. We have no doubt but that this is the true rule, and may be done. The court said so in Kyle v. Thompson et al., 2 Scam. R. 432, and in Campbell v. Humphress, ibid. 478, but reversed the judgment in that case, because a special full assignment had not been stricken out: defendants had proved the property in another, instead of striking out the assignment.
Our statute has given to an indorsement, in writing, the effect to transfer and vest the property in…
2Cases cited1 opinion
- Dugan v. United StatesSupreme Court of the United States · 1818
3Cited by12 opinions
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