Bevan v. Fitzsimmons

Assumpsit on a promissory note for $400, dated November 1, 1887, payable to S. A. Foley, and purporting to be signed by O. E. Pratt and Mrs. Williams, the decedent of plaintiff in error. Verdict and judgment for plaintiff.

The case is substantially like that of this plaintiff in error v. The Atlanta National Bank, 39 Ill. App. 577, and involves no other question except that of the competency of S. A. Foley as a witness called by the plaintiff.

He was the payee named in the note, and assigned it to Abigail Eiley, defendant in error’s testatrix. He testified that the executrix had released him “…