Preston & Co. v. Moline Wagon Co.

With the parties reversed, this case has been here before. (35 Ill. App. 358.) On the last trial, Whittle, the manager for the appellant, testified that he made no agreement with Rosenfield, who, for the appellee, bought of the appellant the negotiable paper in question, that it might be returned; and one Warren, a clerk of the appellant, testified that he heard the conversation about buying the paper, and heard nothing about the return.

The court, at the request of the appellee, gave, among others, these instructions:

“ 4. You are instructed that the statement by a witness, that had a certain…