Bailey v. Hardy
Illinois Supreme Court
This was an action brought by appellee before a justice of the peace, and taken by appeal to the Circuit Court of Tazewell county.
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This was an action brought by appellee before a justice of the peace, and taken by appeal to the Circuit Court of Tazewell county. In the Circuit Court, Bailey applied for a continuance of the cause upon his affidavit; stating that he was not prepared for trial, for want of a witness, by whom he expected to prove, that the note sued on was in the hands and was the property of one Clement Turner, who held the said note by virtue of an assignment of Benjamin Prettyman, who delivered the same to one Thomas McGrew, since deceased, who delivered the same to the said Clement Turner; that no other…
1Opinion of the CourtTreat, C. J.
The application for a continuance was properly denied. It was not made to appear, that the testimony of the absent witness would be material on the trial. The defendants expected to prove by the witness, that the note sued on was, prior to the commencement of the action, the property of . Turner by virtue of an assignment from the payee. This fact of itself would not constitute any defense to the action. The note may once have belonged to Turner, and still have been the property of the plaintiff when this suit was brought.. It may have been returned to the payee, and by him transferred to the…
2Cited by1 opinion
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