Schmoldt v. Chicago Stone Setting Co.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

July 18, 1939, plaintiff brought an action against defendants as maker and the endorsers of a promissory note. The defense interposed was that .plaintiff was not a holder in due course, having acquired the note long after maturity; that he knew all about the facts and circumstances in connection with the execution of the note. There was a trial before the court without a jury, a finding and judgment in plaintiff’s favor for $2,755 against all defendants, $200 additional against the maker of the note for attorney’s fees, and…