Schrœder v. Harvey

Citations

• 75 Ill. 638

Syllabus

<p>1. Evidence — admission of improper, will not always reverse. Where a, cause is tried by the court without a jury, and there is enough of unobjectionable testimony to sustain the finding of the court, it will not be disturbed, notwithstanding the reception of incompetent evidence, as the same harmful effect does not follow in such a case, as when before a jury.</p> <p>3. Forgery — sufficiency of evidence. When it is proved that the indorsement of a payee’s name upon a bank check is not in his handwriting, this must be held prima facie sufficient to establish the fact that the indorsement is a forgery. It is true, the signature need not be in the handwriting of the indorser, but if it be not, there must be proof that he author, ized it to be made.</p> <p>3. Same — of the notice to be given on discovery. Where a bank pays a check drawn on it in favor of a party whose indorsement thereon is forged, and the same has passed through several hands, only reasonable diligence is required to be exercised in giving notice to prior holders, of the forgery, after its discovery, in order to hold them liable.</p>