Bevan v. Atlanta National Bank

31 N.E. 679, 142 Ill. 302
CourtIllinois Supreme Court
DecidedJune 17, 1892
StatusPublished
Cited by3 cases

This text of 31 N.E. 679 (Bevan v. Atlanta National Bank) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bevan v. Atlanta National Bank, 31 N.E. 679, 142 Ill. 302 (Ill. 1892).

Opinion

Per Curiam :

This was an action of assumpsit, brought by the Atlanta National Bank, against John L. Bevan, administrator of the estate of Alice Williams, deceased, upon a promissory note for $1000, which purported to be executed by C. E. Pratt and Alice Williams. To the declaration the defendant, pleaded the general issue, sworn to, and upon a trial the plaintiff recovered a judgment for the amount due on the note, which judgment was affirmed in the Appellate Court.

No- complaint is made with the decision of the court on instructions, but it is claimed that the court erred in its rulings on the admission and exclusion of evidence, and upon this ground it is insisted that the judgment is erroneous.

The note in controversy bears date May 1, 1888, payable sixty days after date, to the order of the Atlanta National Bank, signed “C. E. Pratt, Alice Williams.” No question was raised in regard to the execution of the note by Pratt, but as to the execution of the instrument by Alice Williams, on the ■one hand it is claimed by plaintiff that the note contains her genuine signature, while on the other hand the defendant, the administrator of her estate, claims that the signature of Alice Williams to the note is a forgery.

Stephen A. Falley, a witness for the plaintiff, testified, against the objection of the defendant, that he had a conversation with Alice Williams at Atlanta, in July or August, 1888, which was in substance as follows: “We were talking about family affairs, and finally we came to Charlie, and I asked her if she thought that she would be likely to lose anything by Charlie. I meant Charles E. Pratt. She said she would not — she did not think she should. Charlie had been very good to her — even better than her own children. She said to me, ‘You know I have assisted Charlie, and I don’t think I will ever lose anything by it,’,” It is claimed that this testimony has no reference to the note, and hence was inadmissible. It is true that the note was not mentioned, but it was proper to show the relation existing between the two parties, and also" that Mrs. Williams had assisted Pratt, and ■that she did not anticipate any loss on account of the assistance rendered, and it was for the jury to determine whether the assistance she had rendered had reference to the note or-to some other transaction. We do not regard the evidence entitled to much weight, but at the same time we think it was •competent for the consideration of the jury, in connection with the other evidence.

On the trial the plaintiff called as a witness Sylvester Hoblit, who testified that he had seen Alice Williams write and was acquainted with her signature, and upon being shown the note in controversy he testified that the signature of Alice Williams was her genuine signature. On cross-examination the following questions were asked the witness:

Q. “You may now examine a note dated Atlanta, Illinois, July 14, 1884, for $50, and state whether or not that is one of the signatures of Alice Williams that you saw her' make, and upon which you base your knowledge of her handwriting.”
Q. “If there is any difference in the signature of Alice Williams upon that note and the signature of Alice Williams on the note in controversy, you may state in what that difference consists.”
Q. “You may examine the note shown to you, dated October 10, 1884, signed by Alice Williams, and state whether or not that is another of the notes you saw her make and upon which you báse your knowledge of her signature.” .
Q. “If there is any difference between the signature of Alice Williams upon the note last shown you and the signature to the note in controversy, you may state in what particular it, exists.”
Q. “You may examine the note shown to you, of date June 1, 1885, with the name of Alice Williams signed to it, and state if that is another of the notes you saw her make and upon which you base your knowledge of her signature.”
Q. “If there is any difference between the signature of Alice Williams upon that note and the note in controversy,— her signature upon the note in controversy, — you may state what it is.”
Q. “Is it not true all of the notes you saw her sign, and which have been shown to you and to which your attention has been called, she wrote her name Allie Williams ?”
Q. “Is it not true that there is a difference between the signature of Alice Williams on all of these notes you saw her sign and to which I have called your attention, and upon which.you, in whole or in part, base your knowledge of her signature, and the signature of Alice Williams, on the note in controversy ?”'
Q. “Is it not true in all the notes you saw her sign and to which your attention has- been called here, and upon which ,you say you base your knowledge of Alice Williams’ band-writing, she spells her name different from the way it is spelt in the note in controversy?”

The plaintiff objected to the several questions, the court sustained the objections, and the defendant excepted. Similar questions were asked other witnesses, and the court made a like ruling.

It was claimed by the defendant that Mrs. Williams, in the execution of notes and papers, signed her name “Allie Williams,” while the note involved was signed “Alice Williams.” Under such circumstances, we are inclined to think the rule of cross-examination adopted by the court was too restricted. The several notes which the witnesses had seen Mrs. Williams execute, upon which they predicated their opinion that the signature to the note in question was genuine, were produced and shown the witnesses. Now if, in the execution of all of these notes, Mrs. Williams wrote her given name “Allie” instead of “Alice, ” no reason is perceived why it was not competent to establish such fact on cross-examination, for the purpose of testing the soundness of the opinion given by the witnesses that the signature to the note in question was genuine. In many cases, in order to ascertain the truth and arrive- at a correct result, it is necessary that considerable latitude be given on the cross-examination of witnesses, in order to test the accuracy of their evidence. The genuineness of the signatures to the several notes to which the attention of the witnesses was called was not in controversy, and the purpose was not to prove a signature by comparison, but, as was done in Melvin v. Hodges, 71 Ill. 425, to test the accuracy of the witness’ opinion or judgment, which had, in the direct examination, gone to the jury. If the witnesses called by the plaintiff to prove that the signature of Mrs. Williams on the note in question was genuine, predicated their judgment, in whole or in part, upon signatures to notes they saw her sign, and the signatures to those notes differed from the signature to the note in question, it seems plain that the defendant had the right to call out that fact in cross-examination, as it was a fact proper for the consideration of the jury in determining what weight they should give to the opinions of the witnesses who gave their opinion that the note was genuine.

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Related

Green v. Jennings
184 Ill. App. 340 (Appellate Court of Illinois, 1913)
Stitzel v. Miller
157 Ill. App. 390 (Appellate Court of Illinois, 1910)
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146 Ill. App. 1 (Appellate Court of Illinois, 1908)

Cite This Page — Counsel Stack

Bluebook (online)
31 N.E. 679, 142 Ill. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bevan-v-atlanta-national-bank-ill-1892.