Givens v. Merchants' National Bank

Citations

• 85 Ill. 442

Syllabus

<p>1. Attachment—where both parties are non-residents. It can not be pleaded in abatement to an attachment suit in this State, that both the plaintiff and defendant, when the cause of action accrued and the suit was brought, were non-residents of this State and residents of the State of Missouri.</p> <p>2. Indorsement—whether joint or several. Where the payee of a note indorses the same in blank, after which is indorsed in blank the names of two other persons, one name just below the other, it will not be presumed that they were joint indorsers to the holder, but it will be presumed they were successive indorsers, and the second indorser may be sued alone, without noticing the last indorser.</p> <p>3. Assignment—assignor may waive presentment and notice. Although a note may be executed and indorsed in Missouri, where presentment to the maker and notice to the indorser are necessary to hold the latter, yet such presentment and notice may be waived, and a promise to pay, with a knowledge of the facts, is sufficient to show a waiver. A knowledge of the facts may be inferred from the circumstances surrounding the case.</p>