Hall v. Freeman

Citations

• 59 Ill. 55

Syllabus

<p>1. Assignment of promissory note—proof of, when necessary and when not. At the common law, in an action on a promissory note by an assignee thereof against the maker, the plaintiff is required to prove that the indorsement was made by the person by whom it purports to have been made, and where the indorsement is special, that the indorsee is the person described in it.</p> <p>2. Though, when the handwriting of the indorser is proved, possession of the note might be prima fade evidence of ownership.</p> <p>3. The 59th section of the Practice Act (R. S. 421), which declares that “in actions upon bonds, notes, and all other writings made assignable by law, in the name of the assignee, the plaintiff shall not be held bound to prove the assignment or the signature of any assignor, unless the fact of assignment be put in issue by plea, verified by the affidavit of the defendant, or some credible person, stating that he believes the facts stated in the plea are true,” does not apply, unless the plaintiff declares specially upon the instrument.</p>