Barnes v. Simmons
Illinois Supreme Court
This was a suit on a note. Declaration in the usual form, against Barnes. Parties went to trial upon declaration, general issue, and notice of set-off. Trial by jury ; verdict for Simmons for $429.66. On the trial, Simmons offered copy of note in evidence to maintain the issues on his part, and rested. The defendant then called Richard H. Maxwell, who testified, that about a year ago he heard a conversation between the parties.
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This was a suit on a note. Declaration in the usual form, against Barnes. Parties went to trial upon declaration, general issue, and notice of set-off. Trial by jury ; verdict for Simmons for $429.66. On the trial, Simmons offered copy of note in evidence to maintain the issues on his part, and rested. The defendant then called Richard H. Maxwell, who testified, that about a year ago he heard a conversation between the parties. Barnes said he had borrowed $400 of Simmons, and had given his note for it, but had not got the money; That Simmons’ money was in the hank of Wm. L. Crane & Co., and…
1Opinion of the CourtWalker, J.
This record fails to disclose any evidence, necessary to authorize the admission of the books of the bank. They were not those of either party, and no necessity is perceived for their being admitted. The banker, or his clerk, who transacted the business, were doubtless competent witnesses, and must be relied upon, to prove the facts contained in the books. The entries were there made without their agency, consent, or, for aught that appears, without knowledge of the parties, and consequently were not binding upon them. They were not public records, nor do they fall within any class of written…
2Cited by3 opinions
- Stidger v. McPheeColorado Court of Appeals · 1900
- People ex rel. Kaskaskia Commons Permanent School Fund v. MitchellAppellate Court of Illinois · 1926
- Stidger v. McPheeColorado Court of Appeals · 1900