King v. Bush
Illinois Supreme Court
Appeal from the Superior Court of Chicago; Hon. Van H. Higgins, Judge, presiding. • This was an action of assumpsit commenced in the Superior Court of Chicago by the appellees against the appellant. The cause came on for trial at the January term, 1862. Upon the trial, the plaintiffs below offered in evidence, a note made by the defendant, of which the following is a copy: “ $349t502ó.
Read the full summary
Appeal from the Superior Court of Chicago; Hon. Van H. Higgins, Judge, presiding. • This was an action of assumpsit commenced in the Superior Court of Chicago by the appellees against the appellant. The cause came on for trial at the January term, 1862. Upon the trial, the plaintiffs below offered in evidence, a note made by the defendant, of which the following is a copy: “ $349t502ó. Ottawa, Ill., June 26, 1860. Four months after date, I promise to pay to the order of Bush & Howard, three hundred and forty-nine dollars at their office in Buffalo, N. Y., value received. JNO. M. KING.” Upon…
1Opinion of the CourtChief Justice Walker
The evidence shows that the note, as it now appears, was presented to appellant, and he admitted it to be correct. This is evidence that the alteration was made previous to its execution, or, if afterwards, that it was done with his consent. If it was unauthorized, it is not probable that he would have admitted its correctness. He cannot be presumed to have' declared that the amount was correct, unless it was true. Men are not usually so reckless of their interests as to make such admissions, when their rights are thereby injuriously affected. The instruction given to the jury upon this…
2Cited by3 opinions
- Kilkelly v. MartinWisconsin Supreme Court · 1874
- Gray v. WilliamsSupreme Court of Vermont · 1917
- North v. HenneberryWisconsin Supreme Court · 1878