Smith v. Nevlin

Citations

• 89 Ill. 193

Syllabus

<p>1. Assignment—presumption as to date. Where a promissory note is indorsed by the payee without date, it will be presumed, in the absence of proof, that it was assigned at the date of the execution of the note, and. where the assignment of the payee is dated, an assignment by his assignee without date will, in like manner, be presumed to have been made at the same time with the prior assignment to him.</p> <p>2. Practice—excluding evidence. There is no error in excluding evidence after its introduction, when it does not tend to prove the issue, but if it tends to prove the defense interposed, it must he left for the jury to pass upon, and it is error to exclude it.</p> <p>3. Failure of consideration—notes given for lease. Where a lessee obtains possession of, and enjoys the whole of the lands leased by him, without eviction or disturbance, there can be no failure of the consideration of notes given by him for the rent. The throwing out of a strip of land not leased, by the commissioners of highways, will not constitute a failure of the consideration. If the lessee was misled by the lessor’s agent, or his own want of care in building a fence, it will not affect the rights of the lessor.</p>