Vanbrunt v. Singley

Citations

• 85 Ill. 281

Syllabus

<p>1. Error—not cause of reversal if not material. Although an item of evidence may be improperly admitted, and an instruction improperly modified, yet, if such evidence and such modification are not of a material character, the judgment will not be reversed.</p> <p>2. Fraud and circumvention—in procuring execution of note. Where the proof, in an action on a promissory note by the assignee against the maker, showed that the defendant was unable to read either writing or print, and could barely write his name, and, while at work in his field, he was approached by two patent-right agents, and urged to become an agent for the sale of certain plows, and to take a lease for such purpose for the term of five years, to which he finally consented, and signed the lease and two or three other papers, for the sole purpose, as he understood and was informed, of making him agent, no note being required or mentioned, but it turned out that, by this means, he, in fact, signed the note, without any idea he was so doing, it was held, that the proof sustained a verdict finding for the defendant, on the ground of fraud and circumvention in procuring the execution of the note.</p>