Benedict v. Berger

Decided April 27, 1896

Appellate Court of Illinois · decided 1896-04-27

<p>1. Promissory Note—Payable to the Order of the Maker.—An instrument in the form of a note, payable to the order of the maker, is not a note until indorsed and ordered paid by the maker, and delivered.</p> <p>2. Same—Indorsers not Guarantors.—Mere indorsers upon a promissory note are not liable as guarantors.</p>

Relies on Blatchford v. Milliken

Affirmed · Decided 1896-04-27

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2An instrument in form of a note, payable to the order of the maker, is not a note until indorsed, ordered paid by the maker, and delivered.

¶3So far as appears, this instrument was not a contract of any kind until after the indorsements were made by Hartman and Mrs. Berger.

¶4Appellees Hartman and Mrs. Berger were record indorsers only. Pike v. Hately, Ill. App., opinion filed February 11, 1896; Blanchford v. Milliken, 35 Ill. 434.

¶5There was no evidence warranting a recovery against them as such.

¶6.The judgment of the Circuit Court is affirmed.