Steumbaugh v. Hallam
Illinois Supreme Court
Writ oe Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a bill in chancery, filed by the plaintiff in error, against defendants in error, in the Circuit Court of Tazewell County, in which it was alleged, that, on the 22d day of January, 1866, the defendant, Hallam, executed to him two notes of that date, one for $1,120.00, and another for $1,060.00, for the balance of the purchase money for certain premises on that day…
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Writ oe Error to the Circuit Court of Tazewell county; the Hon. James Harriott, Judge, presiding. This was a bill in chancery, filed by the plaintiff in error, against defendants in error, in the Circuit Court of Tazewell County, in which it was alleged, that, on the 22d day of January, 1866, the defendant, Hallam, executed to him two notes of that date, one for $1,120.00, and another for $1,060.00, for the balance of the purchase money for certain premises on that day conveyed by the plaintiff to said Hallam, the payment of which was secured by a mortgage on the same lands, executed by the…
1Opinion of the CourtJustice Lawbence
The only question in this case is one of tacr. Had Hallam paid all the three notes secured by the mortgage, or only the note for §1,300 % On this point, the complainant and defendant were each sworn, the former positively testifying only the §1,300 note was paid, the latter swearing, with equal positiveness, that all were paid.-
It may safely be laid down as a general rule, under our recent statute authorizing parties to testify, that in suits to collect notes, where the plaintiff or complainant has them, uncanceled, in his possession, and the defendant sets up payment, if there is no material…
2Cited by4 opinions
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- Taylor v. ReidIllinois Supreme Court · 1882
- Hans v. WiesenburgMississippi Supreme Court · 1959
- Messick v. DarnallAppellate Court of Illinois · 1935