Handyside v. Cameron
Illinois Supreme Court
This was an action of assumpsit brought by the plaintiff, John Handyside, to the March term of the Peoria County Court, A.D. 1858, against John Cameron, the defendant, to recover the price of four yoke of work oxen, alleged to be of the value of $400. The declaration contained one special count, and usual common counts.
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This was an action of assumpsit brought by the plaintiff, John Handyside, to the March term of the Peoria County Court, A.D. 1858, against John Cameron, the defendant, to recover the price of four yoke of work oxen, alleged to be of the value of $400. The declaration contained one special count, and usual common counts. The first count states, in substance, that the defendant, on the 31st day of October, A. D. 1857, at Peoria,bought of the plaintiff four yoke of oxen, at one hundred dollars per yoke. Defendant pleaded the general issue, upon which plaintiff took issue to the country. The…
1Opinion of the CourtWalker, J.
Upon the trial the court at the instance of the plaintiff instructed the jury as follows:
“ The jury are instructed that to make a note genuine and valid, the signature must be in the hand-writing of the party executing it, or be executed by his mark.” And refused to give the following, asked by the defendant:
“ 1st. The court instructs the jury that where a person makes his mark, it is good even without an attesting witness.
“ 2nd. If a person, who cannot write, consents that another person shall sign his name for him, and authorizes him to do so, and he does sign his name in the presence of…
2Cited by4 opinions
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