Huls v. Kimball

This was an action of trover, for a clover-huller and horsepower, tried in the circuit court of Kane county, and a verdict and judgment for the plaintiff. To reverse this judgment, the defendant brings the record here, by appeal, and the only question of any importance made on the record is, as to the ruling of the court in refusing secondary evidence of the existence of a chattel mortgage upon the machine, under which defendant claimed, and subject to which, plaintiff purchased his interest.

Appellee insists that the preliminary proof, to let in secondary evidence of the contents of the…