Legal Opinion

Casner v. Preston

Illinois Supreme Court

Decided March 26, 1884PublishedCited by 2 opinions

Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Piatt county; the Hon. J. W. Wilkin, Judge, presiding. This was a claim filed by the appellee in the county court of Piatt county, at the October term, 1882, against the estate of Christopher Casner, deceased, founded on a note, a copy of which is given in the opinion of the court.

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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Piatt county; the Hon. J. W. Wilkin, Judge, presiding. This was a claim filed by the appellee in the county court of Piatt county, at the October term, 1882, against the estate of Christopher Casner, deceased, founded on a note, a copy of which is given in the opinion of the court. The administrator denied the execution of the note, under oath, and pleaded the general issue, and that the note was without consideration. On a trial in the county court the jury found for the claimant,…

1Opinion of the CourtJustice Walker

Appellee filed in the probate court of Piatt county, at the October term, 1882, a claim for allowance against the estate of Christopher Casner, amounting to $4000, with interest. The claim was evidenced by this instrument:

“Bement, Illinois, October 18, 1880.
“Six months after date I promise to pay M. C. Preston (4000) four thousand dollars, with six per cent interest from date.”

It was signed with the name of deceased. To it was attached this memorandum: “If I fail to deed to her the two hundred acres of land where she now lives, in her own name, as I have agreed to do, where the buildings and…

2Cases cited1 opinion

  1. Olney v. HoweIllinois Supreme Court · 1878

3Cited by2 opinions

  1. Avery v. MooreAppellate Court of Illinois · 1889
  2. Parker v. ParkerAppellate Court of Illinois · 1893

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