Glazier v. Streamer

Citations

• 57 Ill. 91

Syllabus

<p>1. Pleading—before justices of the peace. Although not strictly formal, a plea of non-assumpsit, sworn to, and not objected to by the plaintiff, will put in issue the execution of a promissory note in a justice’s court.</p> <p>2. Pleading and Evidence. It is error in the circuit court to admit a note in evidence, when its excution is thus denied, without proof that it was executed by the defendant.</p> <p>3. Same. Where there was no evidence of the execution of the note sued on, but an admission by the defendant of the genuineness of a note not identified as the note in controversy, and where the evidence strongly tended to support tlie defense that the note was obtained by fraud and circumvention : Held, that it was error to instruct the jury that defendant was estopped to deny the execution of the note, and that the jury should not consider any evidence to that effect, in making their verdict.</p> <p>4. Promissory note—-fraud and ciraurmention. Where the evidence shows a promissory note was obtained by fraud and circumvention, and the defendant had used due diligence when the note was obtained, the defense is complete.</p>