Bemis v. Horner
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in. that court on appeal from the Superior Coúrt of Cook county; the Hon. Philip Stein, Judge, presiding. This was an action of assumpsit brought by R. J. Horner and Thomas J. Birkin, a firm known as R. J. Horner & Co., against Henry V. Bemis, on a promissory note dated June 2’, 1891, for the sum of §5000, payable to the order of James W. Miller four months after date, and endorsed to the plaintiffs.
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Appeal from the Appellate Court for the First District;—heard in. that court on appeal from the Superior Coúrt of Cook county; the Hon. Philip Stein, Judge, presiding. This was an action of assumpsit brought by R. J. Horner and Thomas J. Birkin, a firm known as R. J. Horner & Co., against Henry V. Bemis, on a promissory note dated June 2’, 1891, for the sum of §5000, payable to the order of James W. Miller four months after date, and endorsed to the plaintiffs. To the declaration the defendant pleaded the general issue and six special pleas, but before the commencement of the trial he…
1Opinion of the CourtJustice Craig
The facts having been settled adversely to the defendant (appellant here) by the judgment of the Appellate Court, there are but two questions presented by the record for our consideration: First, whether the court erred in the instructions to the jury; and second, was the defendant entitled to a new trial on the ground of newly discovered evidence.
Two instructions were given which are claimed to be erroneous. They are as follows:
“If the jury believe, from the evidence, that the defendant made the note in question, then, under the issues in this case, the defendant assumes the burden of…
2Cases cited5 opinions
- Comstock v. HannahIllinois Supreme Court · 1875
- Matson v. AlleyIllinois Supreme Court · 1892
- Woodworth v. HuntoonIllinois Supreme Court · 1865
- Shreeves v. AllenIllinois Supreme Court · 1875
- Murray v. BeckwithIllinois Supreme Court · 1875
3Cited by21 opinions
- Merchants' Loan & Trust Co. v. LamsonAppellate Court of Illinois · 1900
- Henderson v. ShivesAppellate Court of Illinois · 1956
- Tegtmeyer v. NordlundAppellate Court of Illinois · 1930
- Mann v. Merchants' Loan & Trust Co.Appellate Court of Illinois · 1902
- Metcalf v. DraperAppellate Court of Illinois · 1901
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