Hubbard v. Rankin
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, by Hubbard against Bankin, upon a promissory note, which was indorsed to the plaintiff. The defendant, in his pleas, set up that the execution of the note was procured through fraud and circumvention. The other material facts are sufficiently stated in the opinion of the court. The defendant recovered judgment for costs, and the plaintiff appealed.
1Opinion of the CourtJustice McAllister
The real question tried was, whether the execution of the note sued on was obtained by fraud or circumvention. Appellant sued as assignee. If the execution of the note was obtained by fraud, it was immaterial whether appellant had notice of the defense or not, and it was immaterial whether appellee offered to restore everything he received under the contract he supposed he was making. If so obtained, the instrument was simply void, because appellee never made it. The mind did not accompany the act, and the statute authorizes the defense to be made against a bona fide holder.
Appellee appeared…
2Cited by5 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Illinois & St. Louis Railroad & Coal Co. v. OgleIllinois Supreme Court · 1879
- Jacksonville Traction Co. v. GreeneSupreme Court of Florida · 1933
- Parkison v. BoddikerSupreme Court of Colorado · 1887
- Atlantic Coast Line Railroad Co. v. McIntoshSupreme Court of Florida · 1940