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· 9/15/1873

Dewey v. Warriner

Citations

  • 71 Ill. 198

Syllabus

<p>1. Witness—indorser to impeach consideration of negotiable paper. An indorser of negotiable paper, having given it the sanction of his own name, will not be permitted, by his own testimony, to impeach its consideration ; and the rule is the same if he is maker as well as indorser.</p> <p>2. Alteration—how put in issue. If the defendant desires to present to the jury the question of an alteration of the instrument sued on, by evidence and instructions, he must file the proper plea sworn to. That issue can not arise under the general issue, with notice, in writing, of special matters of defense. ■</p>

Judges: Craig

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