Templeton v. Hayward

Citations

• 65 Ill. 178

Syllabus

<p>1. Pt.tsapttto—assignment of anote—how put in issue. In an action of assumpsit on a promissory note, a plea of non-assumpsit verified by affidavit does not, under the statute, put in issue the assignment of the note, but merely the execution of the note. To raise such an issue the defendant should, under the general issue, state in an affidavit attached thereto, specifically, that the payee did not assign the note, or that the signature to the assignment was not his.</p> <p>2. Same—presumption. Until the assignment is thus questioned the fact that the name of the payee is apparently attached thereto is sufficient, and it must be presumed the signature is genuine.</p> <p>8. While it may he usual in executing instruments by corporations, for the officer or agent to sign his name under that of the company as evidence that the contract is executed by the person having authority, still such a signature is not essential. And in an action on a promissory note by an assignee against ihe maker, where the payee is a corporation, if the declaration avers that the company, by the name employed, assigned the note, until'questioned in a legal manner it will be presumed that the assignment was valid.</p>