Legal Opinion

Walters v. Witherell

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, in the Recorder’s Court of the city of Chicago, and subsequently transferred to the Circuit Court of Cook county, upon six promissory notes, amounting in the aggregate to $553.30, and which notes were made and executed by the appellant, who delivered the same to one Henry McKenzie, by whom they were…

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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, in the Recorder’s Court of the city of Chicago, and subsequently transferred to the Circuit Court of Cook county, upon six promissory notes, amounting in the aggregate to $553.30, and which notes were made and executed by the appellant, who delivered the same to one Henry McKenzie, by whom they were indorsed, and assigned to the appellee. There were two trials had of the cause by a jury, and upon the second trial, a…

1Opinion of the CourtJustice Lawrence

On the trial of this case in the Circuit Court, the payee and indorser of the notes on which the suit was brought was offered as a witness to prove the notes were assigned after maturity, and that the consideration had partially failed. The court held the witness incompetent, and this ruling is assigned for error.

Whether the indorser of negotiable paper, having given it the sanction of his name, shall be permitted to impeach its consideration by his own testimony, is a question upon either side of which a large array of authorities can be cited. The point first arose in the well known case of…

2Cited by2 opinions

  1. Page v. W. F. Hallam & Co.Appellate Court of Illinois · 1918
  2. Dewey v. WarrinerIllinois Supreme Court · 1873

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