Adolphus v. Kendall

Appellate Court of Illinois

Adolphus v. Kendall

205 Ill. App. 316

CourtAppellate Court of Illinois

DecidedApril 16, 1917

DocketGen. No. 22,746

StatusPublished

This text of 205 Ill. App. 316 (Adolphus v. Kendall) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adolphus v. Kendall, 205 Ill. App. 316 (Ill. Ct. App. 1917).

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Opinion

Mr. Justice Dever

delivered the opinion of the court.

2. Biles and notes, § 420*—when exclusion of evidence that plaintiff had received payment for his indorsement is erroneous. Refusal of the court to allow defendant in an action on an indorsed note by the indorser to show that plaintiff had received money for his indorsement and that he should not- be permitted to recover more than he had paid, held not to be error. 3. Bills and notes, § 258*—when defense of maker of lack of consideration and use in violation of agreement is unavailable against indorser. A defense by the maker of a note sued on by an indorser thereon that the note was without consideration and was used by the party procuring its execution in violation of an agreement with defendant, held not to be available to defendant in such action where plaintiff indorsed the note after defendant had executed and indorsed it and there was no evidence tending to show plaintiff had knowledge of such agreement.

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Mr. Justice Dever

delivered the opinion of the court.

2. Biles and notes, § 420*—when exclusion of evidence that plaintiff had received payment for his indorsement is erroneous. Refusal of the court to allow defendant in an action on an indorsed note by the indorser to show that plaintiff had received money for his indorsement and that he should not- be permitted to recover more than he had paid, held not to be error. 3. Bills and notes, § 258*—when defense of maker of lack of consideration and use in violation of agreement is unavailable against indorser. A defense by the maker of a note sued on by an indorser thereon that the note was without consideration and was used by the party procuring its execution in violation of an agreement with defendant, held not to be available to defendant in such action where plaintiff indorsed the note after defendant had executed and indorsed it and there was no evidence tending to show plaintiff had knowledge of such agreement.

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Bluebook (online)

205 Ill. App. 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adolphus-v-kendall-illappct-1917.