Palmer v. Marshall

Citations

• 60 Ill. 289

Syllabus

<p>1. Pbomissoby note — usury. To a plea that the note sued on grew out of an usurious contract, a replication was filed that the note was executed in the State of California, and that, by the laws of that State, parties might contract for any rate of interest as they might agree — the statute of that State, being read in evidence, so providing: Reld, that the statute sustained the replication.</p> <p>2. Statute of limitations — averments—proof. Where the statute of another State is relied upon as a defense, it must he pleaded and set out at least in substance, and it must be proved on the trial. If not pleaded it is error to permit it to be proved.</p> <p>3. Plea — limitations. A plea that the cause of action did not accrue within five years, and the laws of no State are recited, it will he referred to the laws of this State, and when the suit is on a promissory note, such a plea presents an immaterial issue, and' should he disregarded. It is error to admit the statutes of limitation of another State' under such a plea.</p> <p>4. ASSIGNMENT in blank. An instruction, where' the suit is .by an as-signee of a note, announcing that a note is indorsed in blank when the name of the indorser is simply written on the back of the note, leaving a space over the signature to insert the name of the indorsee or subsequent holder, and that whilst the indorsement remains blank, the note may be passed by mere delivery, and the indorsee or other holder has authority to demand payment,, or to make it payable to himself or to another person, is proper, and should be given. It is-error to refuse it.</p> <p>5. It is not error, in such a case, to instruct the jury that if the note was placed in the hands of an agent.for collection indorsed in blank, and it was purchased of the agent in good faith, the holder can recover, unless the note was past due when purchased, and had been paid. In such á case, if purchased after maturity in good faith,, and it had not been paid, it could be enforc