Merchants' Loan & Trust Co. v. Egan
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. H. B. Willis, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. H. B. Willis, Judge, presiding. This is an action in trover, brought by appellee in the circuit court of Cook county against Patrick J. Sexton, (who died pending the trial and whose executor was substituted as defendant,) to recover certain bonds of the face value of $29,000 and a promissory note for the sum of $5000, payable to the order of Thaddeus J. Butler and made by John Ireland. Defendant pleaded general issue. Jury was waived and the cause submitted to…
1Opinion of the CourtJustice Carter
The finding of the Appellate Court is conclusive as to all the facts in the case. Appellant claims that the trial court ruled improperly on the admission and exclusion of testimony. There is some discussion in the briefs as to the burden of proof. We think where the title to property is claimed as a gift, the burden of proof is undoubtedly on the one claiming the gift. In any event, the cause was submitted to the trial court and its finding cannot be disturbed, since that finding has been- affirmed by the Appellate Court. The issue in Riggs v. Powell, 142 Ill. 453, cited by appellant on this…
2Cases cited19 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Rouse v. . WhitedNew York Court of Appeals · 1862
- Fox v. Barrett's EstateMichigan Supreme Court · 1898
- Miller v. PeopleIllinois Supreme Court · 1905
- Young v. MontgomeryIndiana Supreme Court · 1903
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3Cited by19 opinions
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Garrus v. DavisIllinois Supreme Court · 1908
- Keeler v. Merchants Loan & Trust Co.Illinois Supreme Court · 1912
- Storr v. StorrAppellate Court of Illinois · 1946
14 more not listed; retrieve them via the Exa API.