Snider v. Ridgeway ex rel. Pike

Citations

• 49 Ill. 522

Syllabus

<p>1. Promissory notes—-payable to the wife—at common law belong to her husband. At common law, and independent of the statute, a note payable to the wife, belongs to the husband, and he may endorse it, or sue upon it and recover in his own name.</p> <p>2. Same—rule—how affected by the married woman’s act of 1861. And this rule of the common law is not affected by the act of 1861, except in cases where the consideration for which the note was given belonged to the wife in her own right.</p> <p>3. Same—payable to the wife—endorsed by her husband—assignee takes it at his peril. And where a note payable to the wife, is endorsed by her husband, the assignee takes it at his peril, and should it afterwards appear that it was her property, the assignee would acquire no title.</p> <p>4. Same—where payable to the -wife—may be shown to belong to her husband. And notwithstanding a note is made payable to the wife, it may be shown that the real ownership and title are in the husband.</p> <p>6. Garnishment—note payable to the wife of a judgment debtor—may be reached by garnishee process. And where a promissory note, made payable to the wife, belongs to her husband, such note, after its maturity, is liable to the process of garnishment issued by a judgment creditor of the husband.</p> <p>6. Same—proceedings may be instituted before the note matures. And it is no objection that proceedings in garnishment, to reach indebtedness on a promissory note, were instituted before the maturity of the note, provided judgment is not rendered until after it falls due.</p> <p>1. And in such case, where the payee of the note, upon the trial of the suit, fails to state that the note had been endorsed before maturity, and the defendant in the proceeding neglects to inquire of such witness whether the note had been transferred before it became due, the jury, under such circumstances, are war. ranted in finding that it had not been so endorsed.</p>