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67 Ill. 252

Walker v. Krebaum

Illinois Supreme Court

Decided January 15, 1873

Illinois Supreme Court · decided 1873-01-15

Charles Turner, Judge, presiding. This was an action, by Adolph Krebaum, against James It. Walker, originally commenced before a justice of the peace, and taken by appeal to the circuit court. On the trial in the latter court, the plaintiff read in evidence a promissory note, given by the defendant to the Kalamazoo Manufacturing Corporation, with the following indorsement thereon: “ For value received, I assign this note to Adolph Krebaum, without recourse on Kalamazoo Mfg.

Relies on Templeton v. Hayward

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

How this case has been cited

Cited by 5 later decisions — most recently June 1907

3 state decisions

301873188018901900decided

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 Scott

¶1delivered the opinion of the Court:

¶2The note which is the foundation of this action was made payable to the “Kalamazoo Manufacturing Corporation,” and appellee, claiming to be the assignee, brought the suit in his own name. The single question presented is, whether the note is so indorsed as to invest him with the legal title.

¶3There is manifestly an ellipsis in the form of the indorsement, which, being supplied, it would be regular. This may properly be done.

¶4It is urged, however, that it does not appear the name of the corporation was placed on the back of the note by any one having authority. This is a matter of defense, and it was not primarily the duty of appellee to make such proof. The note purports to have been indorsed by the payee, and the assignment not having been put in issue by plea verified as required by statute, it will be presumed it was made by the corporation itself by one having competent authority to use its name for that purpose. Templeton v. Hayward, 65 Ill. 178.

¶5The judgment is affirmed.

¶6Judgment affirmed.

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