Petrue v. Wakem
Appellate Court of Illinois
Assumpsit, on the common counts. Appeal from the Circuit Court of Cook County; the Hon. Area N. Waterman, Judge, presiding. Heard in this court at the March term, 1901.
1Opinion of the CourtJustice Adams
The check never having been indorsed by appellees, to whose order it was made payable, and it having been lost, and appellees having made diligent search for it, without being able to find it, all of which appears from the preceding statement, it was competent to prove its contents by secondary evidence. McMillan v. Bethold et al., 35 Ill. 250; O’Neil v. O’Neil, 123 Ib. 361.
The contents of the check were admitted on the trial by appellant’s counsel, which admission, with the proof of nonindorsement, loss of the check, and inability to find it, on diligent search made, constituted a prima…
2Cases cited7 opinions
- Munn v. BurchIllinois Supreme Court · 1860
- Bigelow v. GregoryIllinois Supreme Court · 1874
- Bushnell v. Consolidated Ice Machine Co.Illinois Supreme Court · 1891
- Edler v. UchtmannAppellate Court of Illinois · 1882
- Greenebaum v. The American Trust & Savings BankAppellate Court of Illinois · 1897
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3Cited by1 opinion
- First National Bank v. McConnellSupreme Court of Minnesota · 1908