Palmer v. Gardiner

Citations

• 77 Ill. 143

Syllabus

<p>1. Promissory note—possession by payee evidence of ownership, though indorsed, in blank. The possession of a promissory note by the payee is prima facie evidence of his ownership, and the fact that such note is indorsed in blank by the payee, and also by another person, does not contradict, or even tend to contradict, this presumption.</p> <p>2. Where the payee takes up a promissory note after its negotiation by him, the ownership, both legal and equitable, will return to liim, and he may maintain an action thereon in his own name. He may, in such case, strike out the indorsements, or, if in blank, fill them up to himself.</p> <p>3. Abatement—whether defense is in abatement or in bar. Where a suit is prematurely brought upon a promissory note, as, before the expiration of the days of grace, this defense is one in abatement of the particular action only, and not one in bar, or to the merits. It is not good when sought to bar the action. v</p> <p>4. Appeal to Supreme Court—right, how lost. It is the duty of a party, who has perfected an appeal to this court, to file a transcript of the record in the case by the close of the second day of the next term thereof, or, within that time, procure an order extending the time. On failure to do so, he will lose all right, to further prosecute his appeal, and his appeal may be dismissed, with damages.</p> <p>o. Same—practice, where record is lost. Where, after an appeal to this court is perfected, the record below is lost, the appellant should, on proper notice, suppl) the same under an order of the court below at its next term; and if, from any reason, such application is not then allowed, he should procure a continuance, to enable him to supply the lost record.</p> <p>6. Same—practice, where the appellee dies without entering his appearance. Where the appellee dies after an appeal is perfected, and before the filing of the record in this court, the law does not require his executor or administrator to enter an appearance, b