Champion v. Ulmer

Citations

• 70 Ill. 322

Syllabus

<p>1. New trial—newly discovered evidence. Where a party has had a trial upon issues, in the forming of which he participated, he can not have a new trial for newly discovered evidence, unless he can satisfactorily show that such evidence is not. only material to the issue, hut of a controlling and Conclusive character, and that he has been guilty of no negligence in not discovering and producing it on the trial.</p> <p>2, Same—sufficiency of affidavit as to diligence. It is the rule of this court, upon the question of diligence, that the party must negative, in his affidavit, every circumstance from which negligence may be inferred.</p> <p>3. Fraud and ciroumvehtion—in procuA'ing the execution of a note. If the execution of a promissory note is obtained through the usual device of such men as go about the country as dealers in patent rights, with papers so prepared as to obtain a signature thereto, when the signer has no intention or expectation of executing a note, it will be void for the fraud and circumvention, even though the signer is unable to explain just how the trick was played on him.</p>