Curtenius v. Wheeler
Illinois Supreme Court
Assumpsit, in the Stark Circuit Court, by the appellants against the appellees, and heard before the Hon. John D. Caten and a jury, at the October term, 1848, when a verdict and judgment were rendered for the defendants. The facts, so far as they are material to the determination of this case, are stated in the Opinion of the Court.
1Opinion of the Court
The Opinion of the Court was delivered by
Trumbull, J.
This was a suit upon two promissory notes executed by the defendants to G. M. & S.. Thomas, and by them assigned to the plaintiffs as collateral security for a debt which they owed the plaintiffs.
Upon the trial in the Circuit Court, the defendants-introduced evidence going to show that the consideration for which the notes were given had failed, and the plaintiffs offered one White as a witness by whom they proposed to prove facts material to the issue, but his testimony was objected to and excluded by the Court on the ground that he was…
2Cases cited3 opinions
- Milward v. HallettNew York Supreme Court · 1804
- Gregory v. DodgeCourt for the Trial of Impeachments and Correction of Errors · 1835
- Lake v. AubornNew York Supreme Court · 1837