Hewett v. Johnson

Citations

• 72 Ill. 513

Syllabus

<p>1. Instructions—must be applicable to the issues. It is not error to refuse an instruction which is foreign to any issue in the case.</p> <p>2. Same—should not give prominence to isolated fact. It is not proper to single out an isolated fact and give it prominence in an instruction, as such a course would have a tendency to mislead the jury.</p> <p>8. Fraud and circumvention—either, when shown in procuring the execution of a note, is a sufficient defense. The statute does not require fraud and circumvention to be used in obtaining the making of a note, before the defense can be interposed, but when fraud or circumvention is practiced in obtaining the execution of the instrument, in either event the defense can be made availing.</p>