Wickersham v. Beers
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. This was an action brought by appellant Wickersham, as assignee, under the provision of the statute concerning voluntary assignments, etc., of Mark D. Shay, against appellee Beers and one Coney, Beers alone having been served with process. The declaration contained two special and the common counts.
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Appeal from the Superior Court of Cook county; the Hon. Rollin S. Williamson, Judge, presiding. This was an action brought by appellant Wickersham, as assignee, under the provision of the statute concerning voluntary assignments, etc., of Mark D. Shay, against appellee Beers and one Coney, Beers alone having been served with process. The declaration contained two special and the common counts. The first special count was upon a promissory note, alleged to have been made by Beers and Coney, bearing date June 19, 1884, whereby they, for value received, promised to pay to said Shay, thirty days…
1Opinion of the CourtMcAllister, P. J.
It is an express declaration of section 51 of our Practice Act, that “the court in charging the jury, shall only instruct as to the law of the case.”
We regard the first instruction on behalf of the defendant below, as violative of that provision. The court thereby told the jury that, “ as a general rule, the statement of a witness as to the verbal admissions of a party should be received by the jury with caution, as that kind of evidence is subject to imperfection and mistake. The party himself may be misinformed, or may not have clearly expressed his meaning, or the witness may have…
2Cases cited2 opinions
- Turner v. Peoria & Springfield RailroadIllinois Supreme Court · 1880
- Roach v. PeopleIllinois Supreme Court · 1875
3Cited by3 opinions
- Carey-Lombard Lumber Co. v. HuntAppellate Court of Illinois · 1894
- Doerr v. BruneAppellate Court of Illinois · 1895
- Strong v. StateNebraska Supreme Court · 1900