Davenport v. Springer

Citations

• 63 Ill. 276

Syllabus

<p>1. Promissory note—failure of consideration. If the consideration of a note ■ be an agreement to pay its avails in discharge of indebtedness of the maker of the note, and the party receiving it fails to do so, but applies the note to an entirely different purpose, not beneficial to the maker, there is a failure of the consideration, and payment can not be enforced.</p> <p>2. Weight of evidence. When testimony is conflicting, it is the province of the jury to decide upon the credibility of witnesses, and their finding ought to be set aside when there is manifest injustice.</p> <p>3. Same. When a maker of a note makes a partial payment, and repeatedly promises payment of the whole after it is due, and with full knowledge of all the circumstances which he sets up in his defense, his testimony tending to show fraud and failure of consideration, will be regarded with suspicion.</p>