Yates v. James Valentine.

Decision Date31 January 1874
Citation1874 WL 8743,71 Ill. 643
PartiesCHRISTOPHER E. YATESv.JAMES VALENTINE.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

WRIT OF ERROR to the Circuit Court of Hancock county; the Hon. JOSEPH SIBLEY, Judge, presiding.

Messrs. MANIER, PETERSON & MILLER, for the plaintiff in error.

Mr. JOHN H. WILLIAMS, for the defendant in error.

Mr. JUSTICE SCHOLFIELD delivered the opinion of the Court:

When a subsequent promissory note is given for the same consideration as a former one, it is a question of fact for the determination of the jury, whether the former note is thereby satisfied. If the subsequent note was executed and accepted by the respective parties for that purpose, the satisfaction is complete. Hart v. Boller, 15 Serg't & Rawle, 162; Brewer v. The Branch Bank, 24 Alabama, 440; Thatcher v. Dinsmore, 5 Mass. 299; French v. Price, 24 Id. 13; Hutchins v. Olcott, 4 Vt. 549; Homes v. Smith, 16 Maine, 177. This is in harmony with the previous rulings of this court upon the question. Ralston et al. v. Wood, 15 Ill. 168; Miller v. Lumsden, 16 Id. 162; Strong et al. v. King, 35 Id. 19; White v. Jones et al. 38 Id. 159; Hough v. Ætna Life Ins. Co. 57 Id. 318.

Applying the principle to the facts in the case before us, we can not see how the court below could reasonably have rendered a different judgment from what it did.

The note given by the defendant to the plaintiff was indorsed by the plaintiff in blank, and placed in the hands of Ablowitch. This invested Ablowitch with the apparent ownership and legal title. The defendant had no notice that there was a secret agreement between the plaintiff and Ablowitch, by which Ablowitch, in fact, only held the note as collateral security; nor of the subsequent settlement between them, whereby the plaintiff became entitled to repossess himself of the note. Under these circumstances, the defendant is justified in having considered Ablowitch as the lawful owner of the note, and in treating with him for its payment. When Ablowitch accepted the defendant's notes, payable to himself, for the principal and interest due on this note, he surrendered it to the defendant. We can conceive of no act showing more decisively that it was intended by the parties that the note was satisfied, and should be canceled. It was intended that the defendant should thereafter be bound by the terms of the notes then given, and the old note was given him that it might cease to exist as an evidence of indebtedness against him.

...

To continue reading

Request your trial
10 cases
  • Jansen v. Grimshaw
    • United States
    • Illinois Supreme Court
    • June 15, 1888
    ... ... Wickenkamp v. Wickenkamp, 77 Ill. 96;Wilkinson v. Stewart, 30 Ill. 48;Yates v. Valentine, 71 Ill. 643;Tucker v. Conwell, 67 Ill. 552;Morrison v. Smith, 81 Ill. 221;Fridley v ... ...
  • Welge v. Batty
    • United States
    • United States Appellate Court of Illinois
    • May 31, 1882
    ... ... Nugent, 89 Ill. 522; Yates v. Valentine, 71 Ill. 643; Shepard v. Calhoun, 72 Ill. 337.Messrs. BROWN, KIRBY & RUSSELL, for ... ...
  • Thomson-Houston Electric Co. v. Palmer
    • United States
    • Minnesota Supreme Court
    • January 10, 1893
    ... ... Jones, 38 Ill. 159; Gage v. Lewis, ... 68 Ill. 604; Anderson v. Armstead, 69 Ill. 452; ... Yates v. Valentine, 71 Ill. 643; Kappes v ... George E. White Hard Wood Lumber Co., 1 Bradwell, 280; ... 202.) ... The doctrine of these cases is cited approvingly in Pars ... Cont. 719. Ely v. James, 123 Mass. 36, ... although not an authority on the question, is suggestive, for ... the reason ... ...
  • Trego v. Cunningham's Estate
    • United States
    • Illinois Supreme Court
    • April 9, 1915
    ... ... Trego, trustee, for the use of William Moore and another, against the estate of James A. Cunningham, deceased. There was a judgment of the Appellate Court (188 Ill. App. 70), affirming ... Yates v. Valentine, 71 Ill. 643. The estate of Cunningham was discharged, but that fact does not ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT