Skelton v. Dustin

Citations

• 92 Ill. 49

Syllabus

<p>1. Evidence—of former acts of party with others. In a suit by a bank as indorsee of a draft against the indorser who was the payee, where the proof admitted showed an arrangement between the plaintiff and the person upon whom the bill was drawn to cash drafts drawn upon the latter by the drawer of the one in suit, it was held no error in refusing proof that the plaintiff had cashed other drafts drawn by the same drawer, for the reason such arrangement had already been shown, and also because there was no evidence bringing home to the indorser any knowledge of such prior acts of the plaintiff.</p> <p>2. Pakol evidence—to vary contract of indorsement. Parol evidence is not admissible to impair or change the legal effect of an indorsement in blank of commercial paper by the payee. The contract created by the indorsement of such paper in blank does not rest in parol, and can not be varied by proof of a parol agreement.* </p> <p>3. Days of qkace—the law of the place of payment governs. The law of the place of payment must govern as to whether days of grace are allowed on commercial paper. '</p> <p>4. Bill of exchange—statute relating to notice on protest. The statute of this State defining the duties of notaries public in respect to giving notice of the protest of bills of exchange applies only to notaries residing in this State, and not to those of other States.</p> <p>5. Same—time in day for presentment. Except where the paper is due from a bank, the proper hours for presenting a note or bill for payment range through the whole day down to bed-time in the evening.</p> <p>6. The notarial certificate of the presentment of a bill for payment, and of protest, is presumptive evidence of presentment during the proper hours of business, and a statement therein that the “ time limited for payment had expired” does not import that the presentment was after the close of business hours. It only means that payment had become due.</p> <p>7. Same—damages on protest recoverable in