Dewey v. Warriner
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. William Brown, Judge, presiding. This was an action of assumpsit, by William C. Warriner against David B. Dewey, upon a bill of exchange, drawn by the defendant, in his own favor, upon T. N. McLean, and indorsed by him to W. H. Dedrick, and by him to F. C. Goss, and by the latter to the plaintiff. The plaintiff recovered in the circuit court, and the defendant appealed.
1Opinion of the CourtJustice Craig
The main question presented by this record, as we view it, for consideration, is this: Is the indorser of negotiable paper a competent witness to impeach its consideration ?
On the trial in the circuit court, on application of the plaintiff, the court excluded all the evidence of Dedrick, who was an indorser of the bill of exchange, that showed or tended to show a want of consideration of the draft, from the jury. The court also refused to permit Dewey, who was also an indovser of the draft, to testify what the original consideration of the draft was.
In this we perceive no error. We are aware…
2Cases cited4 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Hunt v. WeirIllinois Supreme Court · 1862
- Walters v. SmithIllinois Supreme Court · 1860
- Walters v. WitherellIllinois Supreme Court · 1867
3Cited by4 opinions
- Page v. W. F. Hallam & Co.Appellate Court of Illinois · 1918
- Parkison v. BoddikerSupreme Court of Colorado · 1887
- Frohlich, Gardt & Co. v. AlexanderAppellate Court of Illinois · 1890
- Silliman v. NowlanAppellate Court of Illinois · 1933