Hewitt v. Jones

Citations

• 72 Ill. 218

Syllabus

<p>1. Fraud and circumvention—defense as against assignee. In n. suit by the assignee against the maker of a promissory note, the fact that the execution of the note was procured by fraud or circumvention, is a good defense, and it is immaterial whether the assignee took the note with of without notice of such defense.</p> <p>&. Error will not always reverse—improper instructions. Notwithstanding the statute authorizes the assignment of error upon the refusal of a new trial, the circuit courts are clothed with a discretion, as at common law, to be exercised in such manner as will best answer the ends of justice; hence, when it clearly appears that on another trial the verdict must inevitably be the same, or that substantial justice has been done, a new trial will not be granted, although the court erred in some of its instructions.</p>