Marlow v. Marlow

Citations

• 77 Ill. 633

Syllabus

<p>■ 1. Chancery jurisdiction—trust and fraud. Where a husband, on separation from his wife, executed to her his promissory notes, with personal security, for her support and that of his daughter, which, with an agreement relating to the separation, were placed in the hands of a trustee for collection, and afterward, on the fraudulent pretense that he would live with his wife, obtained possession of the same, and then refused to live with her, it was held, owing to the trust, as well as to the fraud practiced to obtain possession of the notes, that a court of equity would take Jurisdiction of a suit to compel the payment of the same.</p> <p>3. Contract—construed—estoppel to totee advantage of condition. Where a written contract, executed at the time of the giving of promissory notes by a husband to his wife, on separation, provided that she should go to Indiana, and reside there, and that, if she returned, the notes were to become void, it was held, that the contract should not be so construed as to debar her from returning to defend a suit for divorce brought by him ; and where the husband fraudulently induced her to remain, after dismissal of his suit, under pretext of a reconciliation, her stay in this Slate could not be regarded as a real violation of the contract.</p> <p>8. Parol evidence—on notice to produce writing. Where one of the makers of promissory notes fraudulently obtained possession of the same and a written contract, parol evidence was held admissible to prove the contents, on proof of the service of notice on one of the defendants to produce them, in a suit for their collection, and on proof that the principal had said he had destroyed them, which was not contradicted on the trial.</p>