Bailey v. Robison
Appellate Court of Illinois
1. Payment—what tends to rehut. The giving of a new note to the payee of a certain other note claimed to have been paid before such other note has been canceled or surrendered, tends to show that such other note has not been paid. Action of assumpsit. Appeal from the Circuit Court of Tazewell County; the Hon. Nicholas E. Worthington, Judge, presiding.
1Opinion of the CourtJustice Eamsay
This was an action in assumpsit brought by appellant, as administrator of the estate of Alexander McCoy, deceased, to recover upon two promissory notes made by appellees on the 29th day of June, 1898, for the sum of $1,000 each, due in one year, with interest at the rate of six per cent.
Defendants made a tender of $624.25 with costs and upon the trial relied upon pleas of payment and set-off; setting up therein that a certain check (exhibit “D”) made by said Archie L. Eobison to deceased on the 28th day of December, 1901, for the sum of $1,500 should have been applied in partial payment of…
2Cases cited1 opinion
- Robison v. BaileyAppellate Court of Illinois · 1904
3Cited by3 opinions
- Bailey v. RobisonAppellate Court of Illinois · 1909
- Robison v. BaileyAppellate Court of Illinois · 1907
- Seass v. WrightAppellate Court of Illinois · 1907