Shirley v. Howard

• Decision Date: 31 January 1870
• Citation: 53 Ill. 455,1870 WL 6234
• Parties: WILLIAM C. SHIRLEYv.ENOCH HOWARD,WILLIAM C. SHIRLEYv.CORYDON WEED et al.
• Court: Illinois Supreme Court

53 Ill. 455

1870 WL 6234 (Ill.)

WILLIAM C. SHIRLEY

v.ENOCH HOWARD,WILLIAM C. SHIRLEY

v.CORYDON WEED et al.

Supreme Court of Illinois.

January Term, 1870.

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 was, 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, taking the note in good faith, for a valuable consideration, before maturity. We see no reason for disregarding that authority.

Judgment affirmed.