, 1863-09-08
5,LHArlNTELLlCEMcE.
/: ssRGmISSORF NOTES AND. OTHER
~ ;AsEGOTIABLE INSTRUHl ENTS.
DECISIONS BY THE SUPREME COURT
Fe~
OF ILLINOIS.
IMPORTANT INFORMATION FOR Bus1-
MESS MEE ARD TIE c0NMU-
NIFTY GENERALLY,

bic Instruments which have been decided by the
Supreme Court OF this State. The whole bualneBi
community will ind this summary rep1ete witt
matters Of great practical interest Importance
and to those who have recently taken up thel
residence among us, 1t will be Invaluable. Wears
permitted to take It from manuscript brief pre-
pared and used by Nj. Bonney In the litigation
known as th. Sherman House cases, many O.
which were On promissoEy notes:
Smith, DC. '. Bridges, B:e. 2,-Eo particnla,
form ie Unnecessary to make pzomissoy note, but Il
must, among other things, Be payee. ~ N ''S''
Mason 7. Wash, DC. Bre. 16.-0ur act Of Neso
table Instruments ia different from the statute o
Anne, and requires different construction. il
| liable, unless the maker has been prosecuted t
execution, returned no property 1ound, or IL proved
THOMPSON =, Armstrong, Bre. ga note 10,
| the payment Of certain sum q money. In pork
at stipulated price, is asafguable, Suit ought tc
be commenced at the drst term a'ter IA. maturity o
| Duncan :. Morrison, ct, al.. Bre. 113+A mistak.
In drawing q promieory note, cannot be get W
Mayo y y chenoWith, BE. 1e5-No action can b,
| maintained On an instrument In the following
f's T sSs o1saP s1 PaSsff e. e psy ,yaye dollar
Eaq,. against Marx 1. Sanders, in fsVor Of 3ohr
qHi Ill yin interest 0% ts IT 4ee n e3!
BrinEley i; ~, ': Going. Bre 2ssgM fosml assign
1ent appear on promiesoTy note In tho posses
maintaining an action upon It d his own name
without rc-aesfenuent or receipt from the As,
slgnee. Possession is 1rina Jacie proof Of owa
Humphreys :. Collier, ct. al, Scam. 47-11 tho
maker be tneolyent, when the note falls due, the
assignor te liable, without suit against the maker
counties that have adopted the law.merchant,
would lily quit apeople 20 purely agricultural as vi
Woods =. Hyncs, Scam. 1os-Fraud in obt.tn
ing the making Of promisoty note, viii render i
void in the hands Of the payee and of every sub
sequent holder; but fraud In the contract upot
1at eset a. Saas t.
1on1fde assignee.
Stacker Ct a. '. Watson, Scam. eo7-No person
instrument, unless be verify lis pea By sf1davlt
The mere production Of the instrument Is sufH
cfent evidence, unless such denial be made. A
It contain the wofds value. received or not
The burden Of prool on plca Of no consideration
Of fai1u1c oI considesatson, Is on thedefendaut:
eession Of nota Of bond ia ptama Jdcie eyidenca
Of legal title to the instrument, ard Of right to
nee the uamo Of the person to whom it msy then
be payable. When there has been transfer Of q
note or bond without regular assignment, the
ment to sue IN the name Of the technical payee
sertain, payable In work, Is not asslgnable nnde;
The statute.
feyten e a. :. Tappeu, Seam. $50 The plain-
Inst a. q. and Alexander were the eaIuo person.
Stay :, Baker. scam. li7.-Thc existing laws
Of STATE IN which note Is made, form a portion
of The contract, and the liability Of the maker
should he determined under them.
The interest OF an neslsnor renders him tuconn-
pets ut a. witness fos the plaintiff.
ha,te1as1d Ktnzie, scam, 4a5; ArmatroqSS II
payable at particular place. it is not necessary to
aser or prove demand of payment there:
Linn y: Buckingham ct al, Scam, 45l-A note
MILAN Linn The Gefeasna eauId not dsny t.
execution except under oath according to tho stst-
Miller y. Ble1soe ct al, l Scam, 5so.-n one Of
Two payecs aesign Ills Interest IN note, this
asEiEI meL VIII be void at law, but good in equity,
and the action must be brought In the name Of the
Of his interest.
noNenback '. Williams ct al, :. Scam, 544.-Uu-
der OUT statute. note signed " Williams and Ian.
der supports declaration against shadtach VIII
Esue Anu Henry Lander In such case possession
would sAise presumption at common Law, th1t
the holders were the pessons to whom the promise
Whlteeldee ct ii. '. Lite ct ais I Scam, LIN
this case the defendants were sued rs partners
The appellant offered to deny the execution Of 1he
prove dissolution Of tho firm before the date OF
the note. The Supreme Court tereteed the jndg-
D's STATE Bask :. Hawisy. scs1a., sso.-xotsee Of
non-payent IL not necessary, under the Statute ot
Illinois, to charge An indosaor OF psotnl4sos5
Mnlio1d ct ii. '. Shepard, Scam ,sss.-F1aua IL
the consideration OF note will not fnTaldate Il
q ~ Dots be
| by ftaud, It may be % 1mpeaGhed-
Kirkland =. Lott ct a.; scatn. 11.-This IL a
case Of fraud in tie contract, and failure Of ee1-
hat 3hn
stated flse location OF town lots barszined for
and afte1sards conreycd the SANG lot< to tfi1t
Pnrkett ct Al. =. Gregory; 2 Scam. a. caas
| OF violation oil covenants, amounting to partfa
| failure o+ consideration.
| 3fl1ham =. StAte Hank,-The production Of 4
promisaoly note By the plaintiff, wis ! blank e.
ts Sside:es 5has L. t u.
altogether. At all events. after the note has beer
teao TO tLe jury. It is too late to make this ohec
toF 4 MADE IL apt Sa itme the
not that the htng up tho cn5o1se1neAt is held i'm
material, but that tt may, perhaps. b. atsoeaset
Webster ct al T. Tickers; Scam. sa5.-Az
assiGpor Of psomiesosy Eote Was allowed to tes
tiff tsHt le took the agert OF the assignee
see P I'd he n Is ri =
he DC eens'dc,atton @ lad fatied. - .',' -
Wi ss,ssa rss % + ps5abe 10 ~ Se
er, Or is endoreed in blank, suit mey be main
tAinea In the name Ct hpy person who Is the bold
unless be pofsess the note under suspicious Gu
". Gso ho @ IT.. no aIsa sn|ast:s ny
the p1ainttn On .the record Il 3 mere ttastes To-
another, the defendant may avail hmsolf Of snJ
defence which be might set up against tie 1ea
1 blank endorsement may be alsd up at an.
tine. cvcn down to the mofncnt Of teial.
=. = note endorsed u blank Ia lie cna payahl
| TO beaier, aud pas. ca BY delivery.
$. A note assigned to r, cashier, may DO sued il
| biz own name.
.lNo1z-Under our etatnte, there IL no sue
to make equitable defenccs, eee the statute an
subsequent caees.J
j. An action may be maintained by payee \
hts OWE name, though be is described In the not
as school commiesioner or cashier.
ee6t as Is gi1e& - damases a. m Without ben
claimed by distinct count.
Smith :. Finch Sca.a. ae5.
/ J, The gtatute OF negotiable Instruments, doe
not apply to tho contract Of guaranty.
| Z. fhe notc was specially endorsed, and th
court allowed psoofof special guaranty not Il
5. Il would hare been competent for the platntu
to have written ths contract ol guasaatS over h.
signature Of Inc aEsgnor, bnt 1h,s Is not essential
sate TitS Ut aesin1 dc maker
OF note wien euch fuit wonld be unAvail!as
Gcfham ct al, Y. peytou; 2 Scams, 36a-1
case Of want Of eoEsldetati2n ith 5otisS to en- fa
brought before tue given to maker. .,
Saunders =. O.B1iaut; . Scam 36a.-unde
the statute. the asa'gnox Of promiseo1y note !
wonld be uEavailng Not only must 1adgn'en
be obta!ntd, but execution must be tskned AM
delivered: md II execution tssned By Jaetice Q
be d}cd, and execution issued as from the circui
| Court.
Bank Of Waeh enaw. '. Mentgome1; Scam Sem
that the prorniesory note eued On. was assigned t
| {he bank, In the State which created tho corpora
ton, inetead Of the State In which the action Wa
:. Nothing ia better settled than that co,
poratient may institute suits In the courts
other states and countries than those under who's
K5le 7. Thompson It al; 2 seam. 4s3.-Th'
payee ofa note sued upon it. When the not
I'll s ssss s sa
| too manifest to doubt f.E one moment, that th
ea me ne n11 eoa ead e. e
might hare stricken out the assignment, eren .
the trial hut did not do so' and the Judgment va
TyleI $: Young ct q Seam: 4:.:1A nete ', Va
camc cue. The maker pleaded failure o. cons;t
, t erktion in this: !: NonconveJance within n
tine limited. :. Want q title IN the vendor i
Mye1a s. AikmAn: Scam. 45a.-same a. pr
% Holb1ooI @ ct air, yibbssd ct a1; Seam. 1885,
The drawer Of blu and the tnRcE Of nots 2, q
liable according TO the Inv of he plase whsse sn
b is aT1 e. s nofs M ~ sse ao 81
The endorsement Is new and SUBSTANTIVE Col
tract. A., -,
Of ierai ill in shIra pe1son il good in bar af
actiou on note Under the ft1!ute, asstgnme4l