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Caldwell v. Lawrence

Citations

  • 84 Ill. 161

Syllabus

<p>1. Parties—in suit on promissory note—equitable ownership. In a suit by the indorsee of a promissory note, a plea that the plaintiff had, for a valuable consideration, redelivered the note to the payee, is bad on demurrer, unless it shows defendant has some defense to the note</p> <p>2. A suit on a promissory note is properly brought in the name of the person in whom the legal title to the note is vested, and it is a matter of no cons.equence, so far as defendant is concerned, who may be the equitable owner of the note, if he has no defense to it.</p> <p>3. Pleading—decla/ration on assigned note. In a suit upon a promissory note by an assignee, it is not necessary to allege that the indorsement was made upon any particular day, even though the indorsement was in fact dated.</p>

Judges: Scott

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