Henneberry v. Morse

Citations

• 56 Ill. 394

Syllabus

<p>1. EAXLtm® of consideration — notice of to assignee — what constitutes. A promissory note contained the following clause: “ This note is given for part of the purchase price of the property, on lot 3 on block 15, in the original plat of the city of Galesburg, Knox county, Ill., lately occupied by A. Thorsalle : ” Held, while such clause in the note fully notified the assignee or purchaser of the true consideration, it was not of itself sufficient to advise him that there was or would necessarily be a failure of the consideration, but it was evidence, .in connection with other evidence, to be- considered by the jury on the question of notice. . . .</p> <p>2. Notice — what will constitute. Ordinarily, if the facts would put a prudent and cautious person on inquiry, and the party willfully shuts his eyes against the lights to which his attention is directed, and which, if followed, would lead to a knowledge of the true facts, he must suffer the consequences of his own negligence.</p> <p>3. Instructions—need, not le repeated. It is not error to refuse an instruction wherein the principle sought to be announced is substantially contained in another instruction given.</p>