Legal Opinion

Swan v. Gilbert

Appellate Court of Illinois

Decided November 30, 1896PublishedCited by 2 opinions

Trespass on the Case, for a fálse return. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding.

1Opinion of the CourtJustice Waterman

delivebed the opinion of the Coubt.

Upon the trial of this cause, it appeared, xvithout dispute, that the firm of W. A. Cave & Co. and F. Gf. Mathison & Co. xvas insolvent at the time the sheriff received the plaintiffs’ respective executions.

It is objected that a member of the firm was permitted to testify that at such time the firm was insolvent, it being insisted that he should have been asked as to the assets and liabilities of the firm, that therefrom a conclusion as to its insolvency might be deduced.

We think that an active, managing partner of a mercantile business, familiar with its…

2Cases cited5 opinions

  1. Rice v. AustinMassachusetts Supreme Judicial Court · 1821
  2. Wilson v. StrobachSupreme Court of Alabama · 1877
  3. Chandler v. LincolnIllinois Supreme Court · 1869
  4. Rainey v. NanceIllinois Supreme Court · 1870
  5. President v. WilkinsSupreme Judicial Court of Maine · 1832

3Cited by2 opinions

  1. National City Bank v. KirkIndiana Court of Appeals · 1922
  2. State Ex Rel. Brubaker v. TuckerSupreme Court of Missouri · 1921

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