Legal Opinion

Simons v. Waterman

Illinois Supreme Court

Decided June 15, 1856PublishedCited by 2 opinions

This suit was originally commenced before a justice of the peace in Kane county, by the defendant in error against the plaintiff in error, and judgment entered in favor of the defendant in error for $88.46, from which an appeal was taken to the Circuit Court of said Kane county. The venue was changed to DeKalb county.

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This suit was originally commenced before a justice of the peace in Kane county, by the defendant in error against the plaintiff in error, and judgment entered in favor of the defendant in error for $88.46, from which an appeal was taken to the Circuit Court of said Kane county. The venue was changed to DeKalb county. At the October term of the DeKalb Circuit Court, a jury was waived and the cause submitted to the court for trial, and the issue found for defendant in error, and his damages assessed at $97.66, and judgment rendered thereon. J. G. Wilson, Judge, presided. The bill of exceptions…

1Opinion of the CourtSkinner, J.

This action was commenced before a justice of the peace and appealed to the Circuit Court, where judgment was rendered for the plaintiff.

On the trial the plaintiff read in evidence two promissory notes executed by the defendant—one payable to “ J. S. and J. C. Waterman,” and assigned by them to “ J. S. Waterman;” the other payable to “ J. S. Waterman.”

The defendant offered to prove that the name of the plaintiff was “John C. Waterman,” and that “J. S. Waterman,” to whom one of the notes was made and the other assigned, was ■“James S. Waterman.” The plaintiff objected, and the court sustained…

2Cited by2 opinions

  1. Spencer v. CarstarphenSupreme Court of Colorado · 1890
  2. Ingraham v. LutherIllinois Supreme Court · 1872

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