Taliaferro v. Ives
Illinois Supreme Court
Writ of Error to the Circuit Court of Mercer county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought in the court below by Josephus Wade, to recover for three certain promissory notes executed by the defendant, Taliaferro, to Wade. The defense produced in eyidence a receipt signed by Wade, of a subsequent date to the notes sued upon, and which was in full of all demands to date.
Read the full summary
Writ of Error to the Circuit Court of Mercer county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought in the court below by Josephus Wade, to recover for three certain promissory notes executed by the defendant, Taliaferro, to Wade. The defense produced in eyidence a receipt signed by Wade, of a subsequent date to the notes sued upon, and which was in full of all demands to date. The defense also proposed to introduce in evidence his books of account, after offering to make the proper preliminary proof, to show by entries in his books how he had paid the…
1Opinion of the CourtChief Justice Breese
The only point made on this record we deem necessary to consider, is, the one arising on the refusal of the court to permit the books of account of the plaintiff in error, the defendant below, to be received in evidence, he offering to supply the preliminary proof required by the act of February 14, 1867.
It appears there were mutual dealings between these parties. The subject of the suit was three promissory notes, claimed to have been executed and delivered by plaintiff in error to the plaintiff in the action.
Against them, the defendant in the action presented in evidence the receipt of the…
2Cited by2 opinions
- House v. BeakIllinois Supreme Court · 1892
- McGlasson v. HouselAppellate Court of Illinois · 1906