Richardson v. Schirtz

Citations

• 59 Ill. 313

Syllabus

<p>Fraud akd circtoivention—in obtaining the execution of a promissory note. In au action on a promissory note for the sum of $50.55, brought by an assignee thereof before maturity, against the maker and his surety, there was evidence introduced tending to show that at a public sale had by the payee of the note, the principal maker bought some hedge plants to the amount of $5.50; that the clerk of the sale wrote the note, aud told the defendants at the time they signed it, iu the presence of the payee, that it was for the sum of $5.50 and 5 cents for a stamp, making in all $5.55; that in belief of such statement of the clerk the defendants signed the note, not knowing it was for the sum of $50.55, and that they could not read English, the language in which the note was written: Held, such evidence tended to make out a case, not merely of fraud relating to the consideration of the note, but of such fraud and circumvention in obtaining its execution as, under the statute, avoided the note in the hands of a bona fide assignee before maturity.</p>