Crabtree v. Rowand
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. Chas. H. Constable, Judge, presiding. Appellant sued appellees in the County Court of Edgar county, for an amount alleged to be due from Edward Rowand, deceased, for work, labor, &c. The case was taken by appeal to Circuit Court of the same county, where judgment was rendered for defendants below, and brought into Supreme Court by plaintiff by appeal.
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Appeal from the Circuit Court of Edgar county; the Hon. Chas. H. Constable, Judge, presiding. Appellant sued appellees in the County Court of Edgar county, for an amount alleged to be due from Edward Rowand, deceased, for work, labor, &c. The case was taken by appeal to Circuit Court of the same county, where judgment was rendered for defendants below, and brought into Supreme Court by plaintiff by appeal. Edward Rowand, deceased, owned several large farms in Vermillion county, Ill., and, about the fall of 1858, employed appellant (Crabtree) to look after his business as a sort of general…
1Opinion of the CourtChief Justice Walker
The assignment of errors in this case questions the correctness of the third instruction given for the defendant below. It is this: “ The taking of a note by a party, is evidence of itself, unexplained, of a settlement of all accounts existing between them at the time such note may be given, proper for the consideration of the jury.” This instruction presents the question whether the giving a note, of itself, unexplained, is evidence of a settlement of all demands between the parties to such an instrument. We think it is not such evidence. That it is evidence for the consideration of the…
2Cited by4 opinions
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Wheelock v. BerkeleyIllinois Supreme Court · 1891
- Rosencrantz v. MasonIllinois Supreme Court · 1877
- Rosenston v. RosenstonAppellate Court of Illinois · 1923