Muhlke v. Hegerness
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of Ogle County; the Hon. James Shaw, Judge, presiding. Declaration on a promissory note by indorsee; plea of fraud and circumvention; trial by jury; verdict and judgment for defendant; error by plaintiff. Heard in this court at the May term, 1894.
1Opinion of the Court
Mr. Presiding Justice Lacey
delivered the opinion oe the Court.
This was a suit by plaintiff in error as indorsee of a promissory note given by defendant in error to P. Janss, as payee, dated 30th October, 1891, for §75. The evidence showed, not contradicted, that the plaintiff in error purchased the note before maturity for §75, January 5, 1892, of Dr. Peter Janss, the payee, without any notice of defense.
The defendant in error pleaded that the execution of the note was procured by fraud and circumvention practiced on him in obtaining his signature to the note, by representing to him that the…
2Cases cited4 opinions
- Sims v. BiceIllinois Supreme Court · 1873
- Swannell v. WatsonIllinois Supreme Court · 1874
- Munson v. NicholsIllinois Supreme Court · 1871
- Richardson v. SchirtzIllinois Supreme Court · 1871
3Cited by2 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Commercial State Bank v. JudyAppellate Court of Illinois · 1907