Taylor v. Atchison

Citations

• 54 Ill. 196

Syllabus

<p>1. Fraud and cmcuarvENTioN—diligence required of the maker of a note. The mere fact that a party can read, will not cut him off from alleging, even against an assignee before maturity, that a promissory note executed by him was obtained by fraud and circumvention. But he should use reasonable and ordinary precautions to avoid imposition; if able to read readily, he should examine the instrument; if unable to read, or only with difficulty, he may have it read to him by some person present. A party can not act recklessly, disregarding all the usual precautions to learn the contents of the instrument, and then interpose the defense as against the assignee.</p> <p>2. Same—duty of the assignee to use diligence. The assignee in such case is, equally with the maker, bound to use proper diligence. Where agents of patent rights, who are strangers, offer to sell promissory notes, a prudent man would have his suspicions aroused from that fact, and could protect himself by making inquiry of the party who appears to be the maker.</p> <p>3. Same—application of the rule in this case. So in an action upon a promissory note, by an assignee before maturity, against the maker, the defense being that the payee obtained tiie note by fraud and circumvention, it appeared the payee and another person, who were strangers to the defendant, went to his house and proposed to him to become an agent for the sale of certain farming implements, which he at first declined to do, on the ground that he would not become bound for anything. The strangers assured him he would incur no obligation, and he then assented. The implements were to be sent to him to be sold on commission, the terms being agreed upon. They then proposed to give him an instrument for his protection in making sales, as the articles were patented. The payee prepared an instrument and handed it to defendant for his signature, but being unable to read it without difficulty, he requested that it be read to him, which was pretended