Phy v. Clark
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was a suit in chancery, instituted in the Circuit Court by Adam Phy against Demarcus Clark and Bowen Brothers.
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Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was a suit in chancery, instituted in the Circuit Court by Adam Phy against Demarcus Clark and Bowen Brothers. The principal matters, so far as they are necessary to an understanding of the case, are alleged in the bill, as follows: That at the November Term, 1861, of the Superior Court of Chicago,. Bowen Brothers procured to be entered a judgment by confession, under a warrant of attorney, in their favor, against Phy, the complainant, for the sum of $413.17, besides costs. That an execution was…
1Opinion of the CourtJustice Beckwith
The note upon which judgment was entered is evidence of an account stated between the parties, and it is incumbent upon the appellant to show what the items of the account were, and that some one or more of them were erroneous. The presumption is that the note was given for the correct amount, and the evidence before us is not sufficient to rebut that presumption. We have evidence of dealings between the parties prior to the time the note was given; but the evidence fails to show what items were included in the settlement when it was given, or that any of them were erroneous. Winslow, one of…
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