Melink v. Coman
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the March term, 1903.
1Opinion of the CourtJustice Ball
Appellant says there is no evidence in the record that the amount of the judgment was due and unpaid. He has mistaken the legal effect of the possession of an instrument for the payment of money. Such possession is prima facie evidence that the debt therein set forth is unpaid. Stewart v. Fellows, 20 Ill. App. 620. When this instrument was put in evidence the burden of proof shifted to the defendant. Witner v. Zeman, 30 Ill. App. 198.
“ The objection is that no evidence was offered as to the ownership of the notes and trust deed introduced by Budert, and no evidence that said notes were still…
2Cases cited2 opinions
- Stiger v. BentIllinois Supreme Court · 1884
- Waddington v. Village of JeffersonAppellate Court of Illinois · 1889
3Cited by1 opinion
- Lurie v. NewhallAppellate Court of Illinois · 1947