Boyle v. Levings
Illinois Supreme Court
This was an action of trover for a promissory note. The declaration also charged a conversion of bank notes and coin. The general issue was pleaded; also a special plea that the note which was payable to the plaintiff below, was only nominally hers, but really the property of the defendant below. Verdict and judgment for plaintiff. The defendant below appealed.
1Opinion of the CourtBreese, J.
The evidence in this cause is so strong in favor of the defendant below, as to cause a well-grounded apprehension, either that the jury did not understand it, or sympathized so strongly with the plaintiff, as to prevent their receiving and appreciating the force of it. The evidence shows most conclusively there were two certificates of deposit given by the Bank of Galena, one a small one for about one hundred and eighty dollars, of recent date ; the other for upwards of seven hundred dollars, being the old certificate, on which a large amount of interest had accumulated. This is the testimony…
2Cited by4 opinions
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- Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
- O'Brien v. PalmerIllinois Supreme Court · 1868