Melvin v. Hodges

Citations

• 71 Ill. 422

Syllabus

<p>Promissory note—proof of the execution of.; when put in issue. It is not essential, when the execution of a note is put in issue, to prove its execution by an eye-witness.</p> <p>3. By delivering a promissory note, with his signature to it, a party' adopts the signature, and is bound by it, whether written by himself or not, and proof of such a state of facts is sufficient foundation for the introduction of the note in evidence, when the execution of it has been put in issue by plea verified by affidavit.</p> <p>3. Signature—comparison of, with another, when permitted. Whilst the genuineness of a signature can not be proved by comparing it with another signature, admitted to be genuine, yet, where a witness testified that he was acquainted with the defendant’s handwriting when young; that he had been absent from him for eighteen years, but had seen him write during the last four years, and that he would not take the signature in dispute to be his, it was proper, on cross-examination, for the purpose of testing the accuracy of the witness’ observation and memory, to show him the signature to the plea putting the execution of the note in issue, about the genuineness of which there was no question, and ask him whether it was the genuine signature of the defendant. This would not be proving a signature, but would enable the witness to determine how-reliable and accurate was the impression of the defendant’s signature, as fixed in his memory, with a view to confirming or modifying his previously expressed opinion in regard to the signature in controvers3r.</p>