Putnam v. Wadley
Illinois Supreme Court
Appeal, from the Circuit Court of Kankakee county; the Hon. Charles R. Starr, Judge, presiding. This was an action commenced before a justice of the peace in Kankakee county, by Eeuben Putnam against Case Wadley, to recover upon a lost note. The cause was removed into the Circuit Court by appeal.
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Appeal, from the Circuit Court of Kankakee county; the Hon. Charles R. Starr, Judge, presiding. This was an action commenced before a justice of the peace in Kankakee county, by Eeuben Putnam against Case Wadley, to recover upon a lost note. The cause was removed into the Circuit Court by appeal. On the .trial, the plaintiff, to lay the foundation for the introduction of secondary evidence of the contents of the note, presented his own affidavit, stating that he had held the note of the defendant, bearing date on the 17th or 18th of September, for fifty-eight dollars and fifty cents, drawing…
1Opinion of the CourtJustice Lawrence
This was an action brought originally before a justice of the peace on a lost note. The defendant denied the execution of the note by an affidavit, and the jury found for the defendant.
We do not consider the proof of the execution satisfactory. Only two of the witnesses had ever seen the defendant write, and they do not claim any familiarity with his handwriting, nor do they testify with any positiveness. They only remember having seen a note purporting to be signed by the defendant in the possession of plaintiff, but they do not pretend to have had their attention especially directed to the…
2Cited by5 opinions
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- Crose v. RutledgeIllinois Supreme Court · 1876
- Talbott v. HedgeIndiana Court of Appeals · 1892
- Stitzel v. MillerAppellate Court of Illinois · 1910
- Riggs v. PowellAppellate Court of Illinois · 1892