Maxwell v. Vansant

Citations

• 46 Ill. 58

Syllabus

<p>1. Practice—jurisdiction to send process out of county. At the date of the assignment of certain notes, which were endorsed in blank, and the commencement of the suit, the assignor lived in La Salle county, where the notes were executed, and the assignee lived in Marshall county: Held, in a suit by the assignee against the assignor, that the Circuit Court of Marshall county could not send its summons into La Salle county for service on the defendant.</p> <p>2. Promissory Notes—endorsed in blank—will- be presumed to have been siyned at place of date. In such case, where the endorsement is in blank, it will be presumed that the notes were assigned at the place of their date, in the absence of proof to the contrary.</p> <p>3. SIme—endorsed in blank—what may be filled in. The holder of negotiable paper endorsed in blank, may fill up the blank with such undertaking as is consistent with the nature of the instrument and the intention of the parties ; but he cannot change or enlarge the liability of the endorser.</p> <p>4. Former Decisions. The case of Aird w. Haynie, 36 Ill. 174, decisive of this case. Deference also made to the case of Allen v. Coffil, 42 ib. 293 ; referring to Webster v. Cobb, 17 ib. 469; Camden v. McCoy, 3 Scam. 437, and Blatchford v. Millikin, 36 Ill. 464.</p>