Thielman v. Straus

<p>Abstract of the Decision.</p> <p>1. Bills and notes, § 61*—when offered proof insufficient to establish fraud by payee. Where defendant had drawn a check to payee which payee indorsed to plaintiff -and defendant, in an action in the Municipal Court of Chicago, upon such check filed an affidavit of merits to the effect that payee obtained the check by fraudulently representing that he was the owner of certain promissory notes of a certain value, with solvent makers, and which would be paid at maturity, and that plaintiff was not an innocent holder of the check for value, held that no defense could have been made by offered proof that on the day the check was dated payee stated to defendant that he would not put it in the bank for collection; that payee company offered to sell valueless notes to defendant; that payee owed defendant a certain sum; that payee had the check in his possession for thirteen days, there having been no other evidence in regard to the matter nor any offer of other evidence.</p> <p>2. Appeal and error, § 1772*—when judgment not reversed for exclusion of evidence. Where the evidence establishes a cause of action and defendant makes an offer of proof which is excluded, the judgment will not be reversed unless the specific' facts offered to be proved are sufficient to establish a defense.</p> <p>3. Evidence, § 461*—when evidence sufficient to establish a defense. To make out a defense it is sufficient if the proof offered, when viewed in its most favorable light and considered in connection with other evidence received or expressly offered by defendant, could constitute a defense.</p>