Gordon v. Adams

Citations

• 127 Ill. 223
• 19 N.E. 557

Syllabus

<p>1. Promissory note—delivery. It is not indispensable to the delivery of a promissory note that it shall pass into the personal possession of the payee. If delivery is made to another for the payee, without condition, his acceptance of it may be presumed, and the delivery will be complete.</p> <p>2. In determining the question of delivery in any case, the intention of the parties with respect thereof is the controlling element. This intention may be shown by direct proof, or by proof of the acts and declarations of the parties evincing such intent, or may be inferred from circumstances shown which are sufficient to create the presumption of delivery. Thus, if a deed or note is found in the possession of the grantee or payee, its delivery will be presumed.</p> <p>3. In this case, upon a review of the evidence, it was not considered sufficient to establish the fact of delivery of certain promissory notes which were shown to have been executed.</p>