Hopmeyer v. Frederick

Appellate Court of Illinois

Hopmeyer v. Frederick

74 Ill. App. 301, 1897 Ill. App. LEXIS 220

DecidedFebruary 28, 1898

StatusPublished

This text of 74 Ill. App. 301 (Hopmeyer v. Frederick) 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

Hopmeyer v. Frederick, 74 Ill. App. 301, 1897 Ill. App. LEXIS 220 (Ill. Ct. App. 1898).

Pincite

Opinion

Mr. Justice Dibell

delivered the opinion of the Court.

The only question is whether said amended special plea presented a defense to the action. The plea did not deny that plaintiff was an indorsee of said note for value before maturity, and did not allege any notice to plaintiff of the nature of the consideration for which it was given. The rule governing this case is that where a statute has declared that the illegality of the contract shall make the note void, the note will be void in the hands of an innocent purchaser for value before maturity; but that unless so expressly declared by statute, mere illegality of consideration will be no defense to the note in a suit brought by a bona fide holder thereof to whom it was assigned for value before maturity. Conkling v. Underhill, 3 Scam. 388; Town of Eagle v. Kohn, 84 Ill. 292; Pope v. Hanke, 155 Ill. 617; Estate of Long v. Jones, 69 Ill. App. 615. Our attention has not been called to any statute which makes void a note given for the consideration in said plea alleged. Whether therefore said consideration was illegal or not (which we do not decide) the plea was insufficient. The judgment will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Dibell

delivered the opinion of the Court.

The only question is whether said amended special plea presented a defense to the action. The plea did not deny that plaintiff was an indorsee of said note for value before maturity, and did not allege any notice to plaintiff of the nature of the consideration for which it was given. The rule governing this case is that where a statute has declared that the illegality of the contract shall make the note void, the note will be void in the hands of an innocent purchaser for value before maturity; but that unless so expressly declared by statute, mere illegality of consideration will be no defense to the note in a suit brought by a bona fide holder thereof to whom it was assigned for value before maturity. Conkling v. Underhill, 3 Scam. 388; Town of Eagle v. Kohn, 84 Ill. 292; Pope v. Hanke, 155 Ill. 617; Estate of Long v. Jones, 69 Ill. App. 615. Our attention has not been called to any statute which makes void a note given for the consideration in said plea alleged. Whether therefore said consideration was illegal or not (which we do not decide) the plea was insufficient. The judgment will be affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

74 Ill. App. 301, 1897 Ill. App. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopmeyer-v-frederick-illappct-1898.

Opinion

Related

Cite This Page — Counsel Stack