Shufeldt v. Gillilan

Citations

• 124 Ill. 460
• 16 N.E. 879

Syllabus

<p>Promissory note—condition by separate agreement to become void! upon death of payee—defense as against assignee with notice. A widow who had a life estate in the lands and personal estate of her deceased husband^ the remainder having been devised over by the deceased to his children, made an equal distribution of the estate before her death, taking from each heir a promissory note for the amount of his or her share, payable, in terms, on demand, with six per cent interest, to be paid to her annually, under the agreement that interest thereon should be paid to her as long as she lived, and that the notes should be destroyed at her death. The notes were never actually delivered, but were left with an attorney. Shortly before the death of the widow, she; by some means, obtained possession of one of the notes without the consent of the maker, and indorsed the same to a daughter, who took after maturity with notice of the facts, giving no consideration therefor. After her mother’s death the assigneebrought suit on the note: Held, that the facts stated constitued a defense-to the action.</p>