Gleason v. Henry
Illinois Supreme Court
Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was an action of debt, brought by David Henry and John A. Van Buskirk. partners, under the name of David Henry & Co., against Rosa D. Gleason, administratrix of the estate of John Gleason, deceased, upon a sealed promissory note. The execution of the note was put in issue by a plea verified by oath. A trial was had, resulting in a verdict and judgment in favor of the plaintiffs.
Read the full summary
Appeal from the Circuit Court of Will county; the Hon. Josiah McRoberts, Judge, presiding. This was an action of debt, brought by David Henry and John A. Van Buskirk. partners, under the name of David Henry & Co., against Rosa D. Gleason, administratrix of the estate of John Gleason, deceased, upon a sealed promissory note. The execution of the note was put in issue by a plea verified by oath. A trial was had, resulting in a verdict and judgment in favor of the plaintiffs. The opinion of the court states the substantial facts of the case.
1Opinion of the CourtJustice McAllister
Under the issue made by the pleadings, whether appellant’s intestate ever executed the note sued on, evidence was given for appellees, plaintiffs below, tending to show a recognition by intestate of liability upon it, and this was the only evidence tending to show that he executed it.
Upon the part of the defendant, evidence was given tending to show that the signature was not that of the intestate.
This being the state of the evidence, the court, on behalf of plaintiffs, instructed the jury that it was wholly immaterial to the issue in the case whether the note given in evidence was signed by…
2Cited by4 opinions
- Myer v. WegenerSupreme Court of Iowa · 1901
- Bulger v. GleasonAppellate Court of Illinois · 1905
- Murtaugh v. ColliganAppellate Court of Illinois · 1888
- Freeman v. GordonAppellate Court of Illinois · 1895