Sims v. Bice

Citations

• 67 Ill. 88

Syllabus

<p>1. Fbaud and circumvention. Where a party is induced to sign a promissory note under the representation and belief that the same is an agreement appointing him agent for the sale of machines, and a statement of his ownership of property, and he can not read writing readily, as between the parties it will be void, as having been executed through fraud and circumvention.</p> <p>2. Same—diligence and cwre required to defeat a recove/ryin the hands of an innocent assignee before due. Where a person executes a note he must be diligent and use all reasonable means to prevent a fraud being practiced upon him, or he will be liable to an innocent purchaser before maturity. He is not required to use every possible precaution, but only such as would be expected from men of ordinary prudence.</p> <p>8. Same—reasonable care must be observed by assignee of such note. The assignee, equally with the maker of a note, is bound to use proper diligence, and when agents for the sale of patent rights and such matters, who are strangers, offer to sell promissory notes taken by them, a prudent man would have his suspicions aroused, and in such case the purchaser ought to protect himself by inquiring of the .apparent maker.</p> <p>4. When the defendant was procured to sign what turned out to be a promissory note, under the assurance that he was signing an agreement respecting his agency to sell machinery, and of his pecuniary ability, he not being able to read writing readily, and the proof showed that he did not sign the same recklessly, but commenced to read the papers he signed, and was prevented by the restiveness of his team in the field where he was plowing : Held, that a verdict finding that the execution of the note was procured through fraud and circumvention, in a suit by an assignee before maturity, was not against the preponderance of the evidence.</p>