Mead v. Munson

Citations

• 60 Ill. 49

Syllabus

<p>Fkaud amd cibcumvbhtioh — diligence required of the maker of a note. Where a party was induced to sign a promissory note upon the representation of the payee that a guaranty should he written upon the hack of it that the note should not he paid unless the consideration therefor should prove to he profitable, and he delivered the note, supposing such guaranty had been indorsed upon it, hut the same was, in fact, written upon another piece of paper, and the consideration turned out to he worthless, it was held, it appearing the maker of the note could read and write with facility, that the defense that the execution of the note was obtained through fraud and circumvention, would not avail him as against an innocent assignee hefore maturity, as the maker of the note could not hare been so imposed upon if he had exercised due diligence.</p>