Sheller v. McKenney
Appellate Court of Illinois
Appeal from the Circuit Court of Carroll county; the lion. John Y. Eustace, Judge, presiding. This was a suit in assumpsit, brought by Oscar McKenney and George C. Loveland against ¡Noah Blough and Samuel Sheller, in the Circuit Court of Carroll county.
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Appeal from the Circuit Court of Carroll county; the lion. John Y. Eustace, Judge, presiding. This was a suit in assumpsit, brought by Oscar McKenney and George C. Loveland against ¡Noah Blough and Samuel Sheller, in the Circuit Court of Carroll county. The declaration counted upon two promissory notes, executed by the defendants to the plaintiffs, one for §300, dated March 17, 1877, and the other for §100, dated October 2, 1882. Defendant Sheller appeared and pleaded non-assumpsit, verified by affidavit, and defendant Blough was defaulted for want of a plea. Prior to the trial, the…
1Opinion of the CourtBailey, P. J.
The evidence as to the genuineness of defendant Sheller’s signature to the $300 note being conflicting, the first six instructions given to the jury, at the instance of the plaintiffs, except perhaps the second, related exclusively to the rules of law applicable to the case, should the jury find that issue in favor of Sheller. The propriety of these instructions then, must be determined upon the theory that the jury so found, and that Sheller’s signature to the note was, in fact, a forgery. Of these instructions, the first two sought to apply the doctrine of subsequent ratification, and the…
2Cases cited4 opinions
- Shaver v. EhleNew York Supreme Court · 1819
- Hill v. BlackwelderIllinois Supreme Court · 1885
- Palmer v. ManningNew York Supreme Court · 1847
- Glazier v. StreamerIllinois Supreme Court · 1870