MacKenzie v. Barrett
Appellate Court of Illinois
Contested claim in court óf probate. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthild, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
Counsel for appellant contend that there was no competent evidence in support of appellee’s claim, objecting specifically to the checks and stubs as evidence of loans by the appellee to Miss Barrett, the appellant’s intestate.
A check on a bank is not evidence of indebtedness of the payee to the drawer of the check. On the contrary, it is evidence of the indebtedness of the drawer to the payee. Chestnut v. Chestnut, 15 Ill. App. 390, 392. If such a check is not paid when presented for payment, for want of funds of the drawer, and if…
2Cases cited3 opinions
- Smith v. . RentzNew York Court of Appeals · 1892
- Ruggles v. GattonIllinois Supreme Court · 1869
- Chesnut v. ChesnutAppellate Court of Illinois · 1884
3Cited by2 opinions
- Better Homes Equipment Co. v. NixonOhio Court of Appeals · 1955
- In re Estate of MartineAppellate Court of Illinois · 1924