Stacy v. Cobbs
Illinois Supreme Court
Writ of Error to the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. This was an action of assumpsit brought by Mathew Stacy, administrator of Charles Hardin, deceased, against Samuel Cobbs and Samuel Williamson, upon a promissory note, executed by them to Hardin, in his lifetime, for $433.60, dated the 4th day of December, 1859, and payable twelve months after date, with ten per cent, interest per annum.
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Writ of Error to the Circuit Court of Morgan county; the Hon. D. M. Woodson, Judge, presiding. This was an action of assumpsit brought by Mathew Stacy, administrator of Charles Hardin, deceased, against Samuel Cobbs and Samuel Williamson, upon a promissory note, executed by them to Hardin, in his lifetime, for $433.60, dated the 4th day of December, 1859, and payable twelve months after date, with ten per cent, interest per annum. The declaration contained a special count only; to which defendants pleaded the general issue. A trial was had at the March term, 1864, by the court and a jury.…
1Opinion of the CourtChief Justice Walker
The assignment of errors in this case questions the correctness of the third instruction given for defendant below. There is no doubt that the statements of Cobbs, called out by plaintiff, were evidence, and were properly admitted to the jury ; but what they proved, and the weight they were entitled to receive, was entirely a question for the consideration of the jury. When received, it became the duty of the jury to weigh them, in connection with all of the circumstances of the case, and the interest of the defendant to color and misrepresent the facts, as well as any conflict in his…
2Cited by1 opinion
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