Macrae v. Krier, 211 Ill. App. 405 (1918)

June 10, 1918 · Illinois Appellate Court · Gen. No. 23,995
211 Ill. App. 405

Albert Macrae, Defendant in Error, v. Ambrose J. Krier, Plaintiff in Error.

Gen. No. 23,995.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John P. Haas, Judge, presiding. Heard in this court at the March term, 1918.

Reversed and remanded.

Opinion filed June 10, 1918.

Statement of the Case.

Action by Albert Macrae, plaintiff, against Ambrose J. Krier, defendant, on a promissory note. To reverse a judgment for plaintiff for $200, defendant prosecutes this writ of error.

George L. Schein, for plaintiff in error.

Fred D. Jackson, for defendant in error.

*406Abstract of the Decision.

1. Bills and notes, § 334* — mho must bring action on note. An action on a promissory note must be brought in the name of the holder of the legal title.

2. Bills and notes, § 422* — when necessary to introduce note in evidence. Where, in an action on a promissory note, defendant asserts fraud in the execution of the note, the note itself must be introduced in evidence.

Mr. Justice McSurely

delivered the opinion of the court.