Keaggy v. Hite
Illinois Supreme Court
This was an action in trover "brought by the appellee in the Marion Circuit Court, for the value of a promissory note' for $412, and a mortgage to secure the same, given to one Marshal "Wautland, by appellant, and assigned by Wautland to Hite, which came into the hands of appellant, in the manner set out in the opinion. To the declaration the appellant filed the general issue, and a verdict for $200 was found for appellee.
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This was an action in trover "brought by the appellee in the Marion Circuit Court, for the value of a promissory note' for $412, and a mortgage to secure the same, given to one Marshal "Wautland, by appellant, and assigned by Wautland to Hite, which came into the hands of appellant, in the manner set out in the opinion. To the declaration the appellant filed the general issue, and a verdict for $200 was found for appellee. The cause was tried before Denning, Judge, and a jury, at August term, 1850. A motion for a new trial was denied. The defendant below prayed the appeal.
1Opinion of the CourtTrumbull, J.
Hite sued Keaggy in trover for a note and mortgage, executed by the latter to one Wautland, and by him assigned to Hite, who delivered the same to Keaggy. Whether the note and mortgage, were delivered to Keaggy as a pledge or security for a debt, or absolutely to be cancelled and accounted for, in a future settlement between the parties, is the main point in controversy.
The only evidence, tending to show that the note and mortgage were delivered to Keaggy as a pledge, is that of a single witness, who' testified as follows: that “she knew they were given up to the defendant, that the reason…
2Cited by8 opinions
- Schwitters v. SpringerIllinois Supreme Court · 1908
- Corcoran v. City of ChicagoIllinois Supreme Court · 1940
- Marlowe v. RogersSupreme Court of Alabama · 1893
- Reid v. HoustonAppellate Court of Illinois · 1886
- Illinois Steel Co. v. KinnareAppellate Court of Illinois · 1901
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