Munson v. Nichols

Citations

• 62 Ill. 111

Syllabus

<p>1. Fraud and circumvention—in obtaining the execution of a promissory note. In an action on a promissory note by an assignee thereof before maturity against the maker, he defendant filed a. plea, which disclosed facts showing that by an artifice of the payee of the note the defendant was induced to sign it as one payable absolutely, under the belief that he was signing another one of a different character, payable only on a contingency : Held, that such facts constituted fraud, not merely in relation to the contract or consideration of the note, but such fraud and circumvention in obtaining its execution as, under the statute, was pleadable in bar to any action on the note by any assignee.</p> <p>2. Same—of the negligence of the maker, and whether it may be urged on demurrer to a plea. Nor could it be urged as matter of law on demurrer to such a plea that it disclosed facts showing such negligence on the part of the payee in executing the note and allowing it to go into circulation as-avoided the defense. That would be a question of fact for the jury to determine.</p>