Young v. Ward

Decision Date31 January 1859
Citation1859 WL 6739,11 Peck 223,21 Ill. 223
PartiesWILLIAM H. YOUNG, et al., Appellants,v.CHARITY D. WARD, Appellee.
CourtIllinois Supreme Court

21 Ill. 223
1859 WL 6739 (Ill.)
11 Peck (IL) 223

WILLIAM H. YOUNG, et al., Appellants,
v.
CHARITY D. WARD, Appellee.

Supreme Court of Illinois.

January Term, 1859.


APPEAL FROM LOGAN.

Where an action is brought by the wife, upon a promissory note made payable to the wife or the husband, the proper mode of taking advantage of the fault, is by plea in abatement.

On such an obligation the suit should be brought either in the name of the husband, or by the husband and wife.

Upon an obligation made to a wife during coverture, the husband and wife may join in an action for a recovery upon it.

Husband and wife being but one person in law, the legal effect of a note made payable to the wife, or to the husband and wife in the alternative, is, that the husband is payee.

If a party signs a blank, and delivers it to another person, with authority to write over his name a negotiable obligation, if the person receiving the blank makes the obligation for a larger amount than was intended by the signer, it will be good against him in the hands of an innocent purchaser. So of negotiable paper, given for one purpose, but used for another.

It is gross misconduct for a circuit clerk, in making up the transcript of a case for this court, to append to the transcript the original appeal bond. Original papers should only be sent to the Supreme Court upon an express command from this court.

[21 Ill. 224]

THIS was an action of assumpsit, brought upon a note made payable to Alfred Ward or Charity D. Ward, his wife, and given for two hundred and fifty dollars, made payable on or before the twenty-fifth day of December, one thousand eight hundred and fifty-five. The note was signed J. L. Reim, and the appellants. The declaration declared specially upon the note, and had also the common counts. The suit was brought in the name of Charity D. Ward. The defendants pleaded the general issue. Also a special plea that the said Charity D. Ward, who hath above thereof complained against the defendants, is not the wife of the said Alfred D. Ward. A third plea: That the note was obtained through fraud and circumvention, because Reim, who was the principal in said note, and who obtained the consideration therefor, and who induced the defendants to sign the note with him, the said Reim, assured them at the time that several other persons whom he named would also sign the note; that upon the strength of this assurance defendants signed the note; that upon subsequent inquiry, Reim told defendants that the...

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16 cases
  • Loomis v. Freer
    • United States
    • United States Appellate Court of Illinois
    • 31 October 1879
    ... ... Brotherson, 10 Wend. 93; Mitchell v. Culver, 7 Cow. 336; Clute v. Small, 17 Wend. 238; Russell v. Langstoffe Doug. 514; Young v. Ward, 21 Ill. 223; Weston v. Myers, 33 Ill. 424; Elliot v. Levings, 54 Ill. 213.Upon the right of a mortgagor to be subrogated to the rights of ... ...
  • Hancock v. Empire Cotton Oil Co.
    • United States
    • Georgia Court of Appeals
    • 23 September 1915
    ... ... Van Zuuk, 13 L.R.A. (N. S.) ... 490-492, note; White-Wilson-Drew Co. v. Egelhoff, 96 ... Ark. 105, 131 S.W. 208; Reddick v. Young, 177 Ind ... 632, 98 N.E. 813; Linick v. Nutting, 140 A.D. 265, ... 125 N.Y.S. 93; Herman v. Gregory, 131 Ky. 819, 115 ... S.W. 809; Wilkes ... persons should also first sign or indorse it. Clark v ... Bryce, 64 Ga. 486; Bonner v. Nelson, 57 Ga ... 433; Young v. Ward, 21 Ill. 223; Deardorff v ... Foresman, 24 Ind. 481; Smith v. Moberly, 10 B ... Mon. 266, 52 Am.Dec. 543; Bank of Missouri v ... ...
  • Mosher v. Rogers
    • United States
    • United States Appellate Court of Illinois
    • 31 December 1878
    ... ... Cunningham, 58 Ill. 293; Gridley v. Bane, 57 Ill. 529; Young v. Ward, 21 Ill. 223; Easter v. Minard, 26 Ill. 494.The evidence offered tended to support the issues formed under the pleadings, and should have ... ...
  • Merritt v. Boyden
    • United States
    • Illinois Supreme Court
    • 19 June 1901
    ... ... In Young v. Ward, 21 Ill. 223, this court said: It is the settled doctrine that if a party signs his name to a blank paper, and delivers it with authority to ... ...
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