Coleman v. Heidke

The plaintiff, Stanley Coleman, filed this action against the defendant, Dr. Walter B. Heidke, to enforce a promissory note Dr. Heidke issued to Alice Price, now deceased. Stanley Coleman obtained a one-half interest in the note following a will contest that arose after the death of Alice Price.

Stanley Coleman moved for summary judgment on the grounds that the Dead-Man’s Act (735 ILCS 5/8—201 (West 1996)) barred any testimony dealing with the enforcement terms of the note. The circuit court of Madison County granted the plaintiff’s motion for summary judgment, finding that the Dead-Man’s Act…