Diversy v. Will
Illinois Supreme Court
This was an action of assumpsit. The first count is against Diversy as survivor, upon a promissory note given by Johnson & Diversy as a firm, under the name, style and firm of Johnson & Diversy, dated 22nd June, 1860, payable six months after date, for the sum of $407.48. The second count is against Diversy as a surviving partner, for goods, wares, etc.
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This was an action of assumpsit. The first count is against Diversy as survivor, upon a promissory note given by Johnson & Diversy as a firm, under the name, style and firm of Johnson & Diversy, dated 22nd June, 1860, payable six months after date, for the sum of $407.48. The second count is against Diversy as a surviving partner, for goods, wares, etc. Common count, purchased 20th May, 1860. The third is a common count for $1,000, for goods, wares, etc., purchased 25th October, 1860, against Diversy as surviving partner. The fourth is a general indebitatus count, for goods, wares, etc.,…
1Opinion of the CourtWalkeb, J.
This record presents the question whether a witness, when he is objected to, on account of interest, and other evidence than his voir dire, is introduced, can purge himself by his own evidence. When a witness is offered, on the trial, the opposite party may, before the witness is sworn, show his interest by other witnesses, or he may make him his own witness to prove the fact. But when other evidence has been resorted to, can the party offering him rebut that evidence, by the witness himself? It is the well settled doctrine, in both the British and American courts, that when resort is had to…
2Cases cited1 opinion
- Mott v. HicksNew York Supreme Court · 1823
3Cited by1 opinion
- Walker v. CollierIllinois Supreme Court · 1865