Wilder v. De Wolf
Illinois Supreme Court
This is an action brought against the appellant, as indorser of two promissory notes, payable to the order of the maker, by the holders, who derive their title by delivery merely, and without the indorsement of the party from whom they were received.
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This is an action brought against the appellant, as indorser of two promissory notes, payable to the order of the maker, by the holders, who derive their title by delivery merely, and without the indorsement of the party from whom they were received. This cause is submitted to the court on the following agreed statement of facts: The notes on which the action was brought were made payable to the order of the maker, and were indorsed in blank, and delivered by the maker to the defendant. The defendant then indorsed the notes in blank, without consideration, and delivered them to the maker, who…
1Opinion of the CourtWalker, J.
The first question which we propose to consider is, whether a note payable .to the maker, is such an instrument as is assignable by him under our statute. That act provides that all promissory notes, bonds, due bills, and other instruments in writing, made by any person, or body politic or corporate, by which such person promises or agrees to pay any sum of money or articles of personal property, or any sum of money in such property, to any other person, shall be taken to be due and payable to the person to whom such instrument is made. It also provides that such instrument shall be…
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