Winkelman v. Choteau

Citations

• 78 Ill. 107

Syllabus

<p>1. Failure of consideration. Where A executed his promissory-note, payable to B, and delivered it to C, for the purpose of having it discounted, and 0 delivered the same to B, but B paid nothing for it: Held, that there was .a failure of consideration, and that B could not recover in a suit on the note against A.</p> <p>2. And the fact that A was indebted to B at the time of giving the note to him, and that B told C to collect the note and give the firm of which B was a member credit for it, will not entitle C to recover on the same, where it appears that the note was not given on account of the indebtedness of A to B.</p>