Merchants Loan & Trust Co. v. Egan

Mr. Presiding Justice Adams

delivered the opinion of the court.

The appellee sued Patrick J. Sexton, who died pending the trial, and whose executor was substituted as defendant, in trover, for certain bonds of the face value of $29,000, and a promissory note made by John Ireland, payable to the order of Thaddeirs J. Butler, for the sum of $5,000. The defendant pleaded not guilty, and by agreement between the parties a jury was waived and the cause was submitted to the court for trial. The court found for the plaintiff and assessed the plaintiff’s damages at the sum of $34,372.52, and rendered…