Walker v. Krebaum
Illinois Supreme Court
Appeal from the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. This was an action, by Adolph Krebaum, against James It. Walker, originally commenced before a justice of the peace, and taken by appeal to the circuit court.
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Appeal from the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding. This was an action, by Adolph Krebaum, against James It. Walker, originally commenced before a justice of the peace, and taken by appeal to the circuit court. On the trial in the latter court, the plaintiff read in evidence a promissory note, given by the defendant to the Kalamazoo Manufacturing Corporation, with the following indorsement thereon: “ For value received, I assign this note to Adolph Krebaum, without recourse on Kalamazoo Mfg. Cor.” The defendant objected to the reading of the note and…
1Opinion of the CourtJustice Scott
The note which is the foundation of this action was made payable to the “Kalamazoo Manufacturing Corporation,” and appellee, claiming to be the assignee, brought the suit in his own name. The single question presented is, whether the note is so indorsed as to invest him with the legal title.
There is manifestly an ellipsis in the form of the indorsement, which, being supplied, it would be regular. This may properly be done.
It is urged, however, that it does not appear the name of the corporation was placed on the back of the note by any one having authority. This is a matter of defense, and it…
2Cases cited1 opinion
- Templeton v. HaywardIllinois Supreme Court · 1872
3Cited by3 opinions
- Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
- Second National Bank of Richmond v. MartinSupreme Court of Iowa · 1891
- H. Bailey & Co. v. Valley National BankAppellate Court of Illinois · 1886