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140 Ill. 671

Packer v. Roberts

Illinois Supreme Court

Decided January 18, 1892

Illinois Supreme Court · decided 1892-01-18

<p>Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding.</p>

Relies on Ryan v. May

Good law ✅— No negative treatment on recordhow we know

Decided 1892-01-18

How this case has been cited

Cited by 4 later decisions — most recently January 1937

4 state decisions

2018921900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Scholfield

¶1delivered the opinion of the Court:

¶2This record discloses no question of law arising upon the rulings during the trial, which was, by agreement of parties, before the judge, without the intervention of a jury. There were no exceptions to rulings in admitting or excluding evidence, and no propositions of law were submitted to the judge and marked “held” or “refused,” and there being evidence tending to sustain the finding, its sufficiency was reviewable only by the Appellate Court.

¶3Conceding, for the sake of argument, that the question of whether the suit is properly brought in the name of the payee of the noté,—he having, previously to the bringing of the suit, executed a voluntary deed of assignment to an assignee,—is before us, the answer must be in the affirmative, upon the authority of Ryan v. May, 14 Ill. 49, Chickering v. Raymond, 15 id. 362, Fortier v. Darst, 31 id. 213, Badgley v. Votrain, 68 id. 25, and Barrett v. Hinckley, 124 id. 32, in which it is held that a promissory note can not, under our statute, be assigned’so as to vest the legal title in the assignee by a separate instrument, but that it can only be done by indorsement on the note itself.

¶4The judgment is affirmed.

¶5Judgment affirmed.

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