Knight v. Hurlbut

Citations

• 74 Ill. 133

Syllabus

<p>1. Promissory note—when it becomes obligatory. The defendants, under an agreement with the plaintiff, that they would sign their father’s note to the plaintiff as sureties, executed a note and delivered it to the plaintiff, who agreed to get the signature of the father of the defendants, who was to be the principal in the note. The plaintiff never presented the note to defendants’ father for his signature, nor did the father ever sign it: Held, that as between the parties, the note was not obligatory, not being signed by the father.</p> <p>2. Consideration — want of. Where a note was signed by two persons as sureties for their father, and delivered to the payee who undertook to get the father’s signature but failed to do so, it was held that the note was given without consideration and could not be collected by the payee.</p>