Shirley v. Howard, 53 Ill. 455 (1870)

Jan. 1870 · Illinois Supreme Court
53 Ill. 455

William C. Shirley v. Enoch Howard, and Same v. Corydon Weed et al.

Assignee before maturity—subject to what defenses. It is no defense to an action upon a promissory note, by the assignee against the maker, that the consideration of the note, between the maker and the payee, was a wager on the result of the presidential election, where the assignee received the note in good faith, for a valuable consideration, before maturity.

Appeals from the Circuit Court of Sangamon county; the Hon. Benjamin S. Edwards, Judge, presiding.

The opinion gives a sufficient statement of these cases.

Messrs. Robinson, Knapp & Shutt, for the appellant.

Messrs. Hay, Greene & Littler, for the appellees.

Mr. Justice Lawrence

delivered the opinion of the Court:

Both of these cases were actions upon promissory notes, brought by the endorsee against the maker. The only defense *456was, that the consideration of the notes was a wager on the last presidential election. It was held in Adams v. Wooldridge, 3 Scam. 255, that this was not a good defense against an assignee, talcing the note in good faith, for a valuable consideration, before maturity. We see no reason for disregarding that authority.

Judgment affirmed.