Swannell v. Watson

Citations

• 71 Ill. 456

Syllabus

<p>Fraud and oircumvbrtion—not available as a defense against suit by the assignee of a note, when defendant has been negligent. Where the fraud and circumvention in procuring the execution of a note, relied on as a defense, in a suit by an innocent assignee, was, that the maker was unable to read, and that the payee, who was a stranger, read it to him as another kind of instrument, and that he relied upon such reading, and on the strength of it signed the note, and it appeared that, at the time, there were several of his neighbors and acquaintances present, and he did not ask them to read the note for him, it was held, that there was not sufficient diligence and precaution shown to prevent a recovery.</p>