Petefish, Skiles & Co. v. Watkins
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Cass county; the Hon. Lyman Laoey, Judge, presiding. This was an action of assumpsit, in the Cass circuit court, upon a promissory note, given by Elijah Watkins, and appellee, William Watkins, to appellants, (plaintiffs below,) for $1000, dated April 19, 1884, and, in effect, payable on demand, to appellants, bankers. Elijah Watkins was defaulted.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Cass county; the Hon. Lyman Laoey, Judge, presiding. This was an action of assumpsit, in the Cass circuit court, upon a promissory note, given by Elijah Watkins, and appellee, William Watkins, to appellants, (plaintiffs below,) for $1000, dated April 19, 1884, and, in effect, payable on demand, to appellants, bankers. Elijah Watkins was defaulted. William Watkins pleaded tender and payment, upon which issue was taken. The trial by jury resulted in a verdict and judgment for the…
1Opinion of the CourtJustice Shope
The controverted questions of fact are conclusively settled" by the judgment of the Appellate Court, and we are not permitted to consider, for that reason, many of the questions pressed upon our attention by counsel, in argument. It is, however, insisted, that the court erred in giving an instruction on its own motion, and in modifying the fourth of appellants’ series, and in the admission of testimony.
The fourth of appellants’ instructions, as asked, told the jury, that before they could find for appellee, on his plea of payment, it must appear, by a preponderance of the evidence, that the…
2Cases cited2 opinions
- Crozier v. CooperIllinois Supreme Court · 1852
- Martin v. EhrenfelsIllinois Supreme Court · 1860
3Cited by6 opinions
- State v. ColemanSouth Dakota Supreme Court · 1904
- Walker v. McNealSupreme Court of Oklahoma · 1928
- Demmon v. MullenSouth Dakota Supreme Court · 1895
- Hermitage National Bank v. CarpenterTennessee Supreme Court · 1914
- Wetz v. GreffeAppellate Court of Illinois · 1897
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