, 1863-09-17
LAW INTELLIGENCE,
Promissory Notes and Other Nego-
table Instruments,
DECISIONS BY THE SUPREME COURT
:. OF ILLINOIS.
Important Information for Business
Men snd tho Community
Generally

NO. II.
We publish this morning the second number O
M1. Donney'e condensed report Of decisions O,
commercial paper, embracing the cases found Il
the dve volumes Of Gilman's Reports -serentce,
caEes. Tie flrst number contained the decis3on
in Breese and the four volumes of Scammon. ani
reached the large number OF slxt5-scrcn casee
The subsequent cascs may all conveniently b
given and the publication completed In two NOR,
numbers:
The Kaskaekia Bridge Co. :. Shannon at nj ,
6nman 4. Ia oil drawn BY one resident o
Of exchange In case OF inland bills Of cychanre
The nota1iAl protest ie not evidence Of a de,nsni
Of o. qSa t6s draTee Hpr q notice Of
drAwee arc the same person, though demand on
the drawer is necessary. notice Of non-paJment Il
not
Bradshaw =. Hubbard ct al. Gflrn. sen-1n
suit BY tndo1secs against their immediate Iador:
ser for non-paymcnt, proof Of uon-parmeItt and
notice arc sufficient, to maintain the action, r.
snch case, oul OF exchange Is cTfdencc unde,
Gillett ct al. "a. Sweat, + Gllm., 475, Ha pro
niseory note be paid by, or discharged "a against
one OF the Makers It cannot be enforced as against
my other tnaker OF the same note.
Kelly ys. Garrett. GIlm-, 6a9. It eeems that
10 eet Oh prom{ssoEy uote or the like, some
proof q possession at The time when suit was
that where the payee OF notes on demand has
ma1e IN assignment, the presumption Of tpsol
yGncy Is strong, and demand will be excused
The coart deny the doctrine Of some Of the New
York cascs On set-ot, under the circumstances oI
this case
Eyans " School Committee of Greene County
,t3l Gllm., a. 81 The node oi pleading failure q
IxpmiEBoly note, stated and explained.
Simpson 70. Roulett, Gllm ,3:s.--Thc form oi
Endorsement Of promissoty notes aud the mode 0,
to The indoreee has In most cases been deemed es
eenttal. but In pleading, alleging an iudorsement
sufficiently imports an actual transfer. Under oul
statnte, no particular form Of words y necesaa1,
are negotiable only by statute; and the provision
Of the statnte Of anne, authorizing their assign
mcnt, il 20 nearly like our OWL, that The Euglisl
practice and p.eceaents will apply.
Oven rs, Barnum, Gllm., ai1.-Action on not
in these words: son or before the bth Gav o
April. 4. 2. 1sAs, re jointly and eeyerany pro9ta!
The said Bnrnnm Is to take ali tho -four that b
may want for family use, and such other article
IL that be may need, prey1ous tothe day ofpaymcnt.'
Tns 1esaf PGEt q TIE that th
Mcconnell va. Hod=on ct al, Gilm., 0lQ.-Pos
ecsslon OF promtssoty notes, without suspiciou
circumstances, is Ps1md Jacie evidences Of owner
chaser ts bound at his peril to Inquire into them
and % gosern =. himself II & accordingly:
should be produced OF its non production satisfac
torily accounted for.
~ Mcronnell ct a.; :: stettenius Ct q; 2 Gilm
or its endorsement to third person, docs not ex
ttngnlsh the original cause ofaction, II the payct
cnn show that the note has been lost, or can pro
Of promissory note is prdna .fae1e evidence ol
satisfaction Of an account and no recovery can be
had upon the old Indebtedness without rome ex'
Brown :: Pease ct al; s Giim. 1910 hold m
tndolser, the maker must be sued at the first term
aittI @ at1tity; ent Il the presiding Judge give
action may By brought to the Eext.
:, Russs1 y. Hadduek: Gilm. :S3.-Admtttfng
the authorities to be conflicting, the most sensible
and reasonable rule Is that III note or bill be taken
before It ia due, absolutely in payment and satis-
faction of precedent debt and In the usual course
OF business. that IL a sufficient consideration to
protect the holder agcnEt any equities which nigh!
or bin The rule undoubtedly is that where 4
party ie about to receive bill Or note, II there an
any such suepicious circumstances accompanying
party, as would indoce a prudent man 70 inquire
into the title Of the holder or the consideration
the paper, he shall be bound to make ouch Inquiry
oa NJ saS to hs t
Church =. 1efcrze, 8 0iln- 6S7-When note I.
gi0n TO person By name other than his rea
aaE s ne n nay a'er ths lact and prove to ths sat
az payee.
In case Of initials, the mere production of tht
notc SCENE to be sufficient, but where the name
.Bcsfor v.Wslies,4 GI1m.sNActioa against IN a..
sigEor On ground Of diligence to collect from ma,
ker+ Not only must Judgment be obtained, but
snap De g fe detay
Judgment ard execution, 1t must be shown that
The execution would have been unavailing during
that time The suit mnst not only be instituted
but It uuEt be prosecuted with diligence. Dill
gcncc In the county where the maker rcaidea
is sufficient. unlees the holder has notice OF
property Of The maker elsewhere within the State
the holder may uee diligence In the county where
the paper was made II the maker be found there
and served to the mt term; Or pertaps at sub
teQuent term, u in the meantime diligent inquiry
to Ind bis residence has been made. There Is no
Tnla Of INV, and never has been, requiring the en-.
doraee Of note In . eEit against the endorRcr Of
It to prove the execution Of # by ths maker. The
tor OF q bill, and in q su.t against the maker by
the tndortee. proof OF the hand writing Of the en-.
do1ser would be necessary, had it not been dis
tuch signature IL denied bY affidavit.
Strawbrddge ct al. '. Robinson &C., Gilm. 471.
Action on an instrument in these words: "Messrs.
som aRa sn ao ehie the
same to (tiencdl StEawbtidge 4 Bower. East
Fork, the 9Th February. 1851 1t Was proved
parties were citizens Of this State The court held
the 1hws Of Illinois.
Sargent =. Kellogg, et al, 5{GI1m., 973.-If q
note be assigned after due, the same defence may
be made against the assignee as might have beer
against The payec.
Mc1ntt5c :. Preston. S Gilu1., 4s-Action'by nc.
Intro ns assignee OF the Ocean 1naurance Com
panr, against Preston on 4 prom1ssory note. The
power Of an Insurance Company to take promfs.
sory note In the course Of its business necessarily
results from its power to make insntances, and to
enable 1t edvanta.epusly to conduct its business
HayinE the power to take q note, the corpora
ton would necessarily have authority to negotiate
Fuch note In the ordinary transaction Of the bust
nese Of the company. A fair construction OF on1
statute authorizes corporations to assign notes
&C, The endorsement WAS In these words with
ont recourse. Joel Scott, Sec'y." This fndotse
ment YVES sufficient to pass the legal interest II
the note when properly filled up, which the plain
til had the right to do upon the t1ial.
REcoRDER's CorRT.-The following Is tht
isthe record OF the business In this Court yestcr
day: People re. #. Pnrciyal, Gambling; pies o
guilty. People ". Hammond, forgery; plea O
not guilty. People rs. Wm. Hughes and Jobl
Dillon, larceny plea Of guilty Of each defendan
thirty days in county jail each. People vs. B. F
Gaylord, larceny jury trial. People W. B. E
Fuller and james L. Adridge, larceny; On trial.