Sigsworth v. Coulter
Illinois Supreme Court
This was a suit brought by appellee against appellant, before a justice of the peace of Pike county, to recover the amount of a promissory note. Judgment on trial in justice’s court for appellant. Taken by appeal to circuit court. At September term of Pike Circuit Court, in 1855, a trial was had in said court, and jury,returned a verdict for plaintiff, the present appellee. Appellant entered a motion for a new trial, which was overruled, and judgment rendered on the verdict.
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This was a suit brought by appellee against appellant, before a justice of the peace of Pike county, to recover the amount of a promissory note. Judgment on trial in justice’s court for appellant. Taken by appeal to circuit court. At September term of Pike Circuit Court, in 1855, a trial was had in said court, and jury,returned a verdict for plaintiff, the present appellee. Appellant entered a motion for a new trial, which was overruled, and judgment rendered on the verdict. An appeal was prayed and perfected. Bill of exceptions shows that appellee offered and read in evidence a note of…
1Opinion of the CourtScates, C. J.
A great deal of testimony in this case would be wholly irrelevant in any light, except as it tended to show the true consideration of the note sued on. This plaintiff cannot be permitted to impeach the consideration of a note which he gave defendant to settle an attachment suit of defendant’s against plaintiff’s brother, by showing that defendant had no cause of action against his brother for that proceeding.
Such a latitude of defense would violate all rules of logic as well as law. Proceeding upon the assumption that defendant had no cause of action in that case, plaintiff should have…
2Cited by3 opinions
- Parker v. EnslowIllinois Supreme Court · 1882
- LaRocque v. KeigherAppellate Court of Illinois · 1920
- Norton Bros. v. EastmanAppellate Court of Illinois · 1899