Gridley v. Bane

Citations

• 57 Ill. 529

Syllabus

<p>Fraud and circumvention—by whom the fraud must be perpetrated to render the defense mailing. An assignee before maturity of a promissory note, purporting to have been executed by several, brought suit thereon against one of the makers, who pleaded that one of the principal makers had induced him to join in the execution of the note, on the representation that another person had already signed the same, when in fact the signature thereto of such other person was a forgery: Held, that the plea was at least defective for this, if for no other reason, that it did not aver that the payee or the assignee of the note was privy to'tlie alleged fraudulent or false representation.</p>