Presbyterian Church v. Emerson
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, by the appellee against the appellant, to recover for the price of a lot of lumber sold to appellant and used in the erection of a church building. The plaintiff below, when called as a witness, testified: “I live in New Boston, and know the trustees of the defendant.
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Appeal from the Circuit Court of Mercer county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, by the appellee against the appellant, to recover for the price of a lot of lumber sold to appellant and used in the erection of a church building. The plaintiff below, when called as a witness, testified: “I live in New Boston, and know the trustees of the defendant. In 1869 and 1870, 1 sold them lumber, and have an account of the same in my books, A and B, which I have here. The entries are original, and in my handwriting. This account is on page 187, in book A, and…
1Opinion of the CourtJustice Thornton
Three points are made for a reversal of this judgment:
First—That the verdict is manifestly against the weight of the evidence.
Second—That the account books were improperly admitted.
Third—That erroneous instructions were given.
The first we can not notice ; there was a conflict between the witnesses ; and even if four witnesses contradicted appellee, the jury had the right to credit him, corroborated as he was. We can not reverse upon the evidence merely because the jury might have found otherwise. This would effectually dispense with the trial by jury.
The book of accounts was properly…
2Cited by3 opinions
- House v. BeakIllinois Supreme Court · 1892
- Alling v. BrazeeAppellate Court of Illinois · 1888
- Lawrence v. StilesAppellate Court of Illinois · 1885