Stern v. Bradner Smith & Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles M. WalkER, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles M. WalkER, Judge, presiding. This is an action in assumpsit brought by the appellee, against the appellant, in the circuit court of Cook county, to recover the amount due on a promissory note reading as follows : “$5000. Chicago, August 12, i8p2. “On or before two years after date, for value received, I promise to pay to the order of Bradner Smith & Co. the sum of five thousand dollars, at their office, with interest thereon at the rate of six…
1Opinion of the CourtJustice Carter
At the close of all the evidence, and before the case had been argued, counsel for appellant asked to have the jury instructed to find for the defendant. This was refused, and this ruling is urged as error.
Under the statute, as construed by this court, all controverted questions of fact are settled by the judgment of the Appellate Court when it approves the verdict of the jury. This court has held many times, that on instructions to find for the defendant the only thing that can be reviewed in this court is whether there is any evidence fairly tending to support the plaintiff’s cause of…
2Cases cited4 opinions
- Illinois Central Railroad v. SmithIllinois Supreme Court · 1904
- Weston v. TeufelIllinois Supreme Court · 1904
- Mallin v. WenhamIllinois Supreme Court · 1904
- Chicago & Eastern Illinois Railroad v. SnedakerIllinois Supreme Court · 1906
3Cited by9 opinions
- Neblett v. ArmstrongTexas Commission of Appeals · 1930
- United States National Bank v. MillerOregon Supreme Court · 1926
- Wright v. StingerAppellate Court of Illinois · 1933
- In Re ShepherdDistrict Court, D. Oregon · 1945
- Alper v. Republic Inv. Co.Court of Appeals for the D.C. Circuit · 1936
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