Legal Opinion

Crabtree v. Kile

Illinois Supreme Court

Decided January 15, 1859PublishedCited by 17 opinions

This was an action of assumpsit, brought by Kile & Nichols originally in the Edgar Circuit Court against John Crabtree, on a promissory note, dated October 4th, 1856, for $2,550.00, executed by Crabtree to Kile and Nichols, for a lot of eighty-one head of fat cattle sold by plaintiff to defendant, and removed by change of venue to Coles county. The declaration contains a special count upon the note, and the usual common counts.

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This was an action of assumpsit, brought by Kile & Nichols originally in the Edgar Circuit Court against John Crabtree, on a promissory note, dated October 4th, 1856, for $2,550.00, executed by Crabtree to Kile and Nichols, for a lot of eighty-one head of fat cattle sold by plaintiff to defendant, and removed by change of venue to Coles county. The declaration contains a special count upon the note, and the usual common counts. The defendant pleaded the general issue, with notice that he would give in evidence that the note was executed in payment for a lot of fat cattle sold by plaintiff to…

1Opinion of the CourtWalker, J.

That the credit of a witness for veracity may be impeached by general evidence, is one of the well established rules of law. But in impeaching the credit of a witness, the examination must be confined to his general reputation, and not be permitted as to particular facts. The regular mode of examining into his general reputation is to inquire of the witness, whether he knows of the general reputation of the person in question among his neighbors, and what that reputation is. The practice in the English courts is to further inquire, whether from such knowledge he would believe that person upon…

2Cited by17 opinions

  1. Crabtree v. HagenbaughIllinois Supreme Court · 1861
  2. Wood v. StateSupreme Court of Florida · 1893
  3. Thorne v. McVeaghIllinois Supreme Court · 1874
  4. Kemp v. FreemanAppellate Court of Illinois · 1891
  5. Mears v. NicholsIllinois Supreme Court · 1866

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