Legal Opinion

Hefner v. Palmer

Illinois Supreme Court

Decided January 15, 1873PublishedCited by 3 opinions

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action by Joseph Palmer against Warren Coman and Marston Hefner, upon a promissory note purporting to be signed by both the defendants. Service was had upon Hefner alone. He denied the execution of the note under oath. It appeared that Coman was engaged in purchasing horses, and that he delivered the note to the plaintiff in part payment for horseá bought.

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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action by Joseph Palmer against Warren Coman and Marston Hefner, upon a promissory note purporting to be signed by both the defendants. Service was had upon Hefner alone. He denied the execution of the note under oath. It appeared that Coman was engaged in purchasing horses, and that he delivered the note to the plaintiff in part payment for horseá bought. There was also some evidence showing thai Hefner was interested in the purchase of horses, but the nature of that interest does not…

1Opinion of the CourtChief Justice Lawrence

This was a suit on a promissory note purporting to be signed by Warren Coman and Marston Hefner. Coman was not served. Hefner denied under oath the execution of the note. The only question was, whether he had signed the note himself or had given Coman authority to sign his name. The evidence was very conflicting. The court gave for the plaintiff the following instruction:

“The court further instructs the jury, that in determining the issues in this case, they are to take into consideration all the evidence introduced, and if, on consideration of the evidence, the jury believe that Hefner…

2Cited by3 opinions

  1. Parchen v. AndersonMontana Supreme Court · 1885
  2. Brown v. GrantSupreme Court of Minnesota · 1888
  3. De St. Aubin v. LaskinAppellate Court of Illinois · 1898

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