Shirley v. Howard
Illinois Supreme Court
Shirley v. Howard, 53 Ill. 455 (Ill. 1870)
Lawrence
Shirley v. Howard
Opinion of the Court
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, talcing the note in good faith, for a valuable consideration, before maturity. We see no reason for disregarding that authority.
Judgment affirmed.
Reference
- Full Case Name
- William C. Shirley v. Enoch Howard, and Same v. Corydon Weed
- Status
- Published
- Syllabus
- 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.