Drake v. Perry

Citations

• 58 Ill. 122

Syllabus

<p>Assignee—res adjudicata. A promissory note was endorsed in blank, before maturity. The holder placed it in the hands of a justice of the peace for collection, and suit was brought against the maker in the name of the payee for the use of the holder. The maker pleaded fraud and circumvention in obtaining the note, and want of consideration, and judgment was given in his favor, from which no appeal was taken. Subsequently the holder withdrew the note from the justice, filled up the blank endorsement, and then sued in his own name, as assignee: Jleld, the judgment in the first action was a bar to the second suit.</p>