Legal Opinion · Dissent

Belleville Savings Bank v. Bornman

Illinois Supreme Court

Decided March 27, 1888Published

Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. W. H. Snyder, Judge, presiding.

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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. W. H. Snyder, Judge, presiding. This is an appeal from the judgment of the Appellate Court, for the Fourth District, affirming the judgment of the St. Clair circuit court, disallowing a claim presented by the Belleville Savings Bank against the estate of Conrad Bornman, deceased, which was heard in that court, by the court, without a jury, on appeal from the probate court of that county. The claim filed in the probate court was evidenced by the…

1DissentJustice Craig

As I do not agree with a majority of the court in the judgment rendered, I desire to state the rules of law which, in my judgment, should control the decision of the court.

The following instrument was filed in the county court, as evidence qf the demand of the Belleville Savings Bank against the estate of Conrad Bornman, deceased:

“$10,000. Office of Belleville Nail Mill Co.,

Belleville, III., July 17, 1874.

“Four months after date, pay to the order of Belleville Savings Bank, ten thousand dollars, value received, and charge same to account of Belleville Nail Mill Company.

Conbad Bobnman, Pres’t.

J…

2Cases cited3 opinions

  1. Rice v. Welling & FakeNew York Supreme Court · 1830
  2. Miller v. LumsdenIllinois Supreme Court · 1854
  3. Yates v. ValentineIllinois Supreme Court · 1874

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