Legal Opinion

Edgerton v. Weaver

Illinois Supreme Court

Decided November 20, 1882PublishedCited by 14 opinions

, Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. C. W. Upton, Judge, presiding.

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, Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. C. W. Upton, Judge, presiding. Appellant, as surviving executor of the estate of Gurdon H. Edgerton, deceased, filed a claim in the county court of DeKalb county, against ’the estate of Norman Weaver, deceased, based on a note and an alleged promise to pay interest upon the interest due thereon,—of which note, and a statement of the payments made thereon, the following is a copy: “$1240. For value received I promise to pay Charles A. Edgerton and Appollos…

1Opinion of the CourtJustice Scholfield

The case seems to have been considered by the Appellate Court purely as presenting only a question of fact, viz: whether the evidence sustained the judgment of the circuit court,—for although one of the errors assigned in that court is that the circuit court erred in rejecting proper evidence, no point appears to have been made in argument on such ruling, and the abstract furnishes no ground for the error. There is, in our opinion, no question of law before us.

The credits indorsed on the note which was read in evidence exceed, by a considerable sum, the amount of the principal of the note and…

2Cited by14 opinions

  1. Barnes v. BrookmanIllinois Supreme Court · 1883
  2. Kee & Chapell Dairy Co. v. Pennsylvania Co.Illinois Supreme Court · 1920
  3. In re All Star Feature Corp.District Court, S.D. New York · 1916
  4. McDonald Bros. v. KoltesSupreme Court of Minnesota · 1923
  5. Castle v. SmithHawaii Supreme Court · 1905

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