Kellogg v. Bickford

Appellate Court of Illinois

Kellogg v. Bickford

206 Ill. App. 76

CourtAppellate Court of Illinois

DecidedMay 31, 1917

DocketGen. No. 21,919

StatusPublished

Cited by1 cases

This text of 206 Ill. App. 76 (Kellogg v. Bickford) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kellogg v. Bickford, 206 Ill. App. 76 (Ill. Ct. App. 1917).

Pincite

Opinion

Mr. Justice Taylor

delivered the opinion of the court.

2. Biles and notes, § 462*—when instruction as to lack of fraud in obtaining execution of note is properly refused. Even though, in an action on a note, the plea alleges “fraud and circumvention” in obtaining the note, it is not error to refuse an instruction that there was no fraud or circumvention in obtaining its execution, where the plea is, in substance, that the note was given without consideration, and the jury are instructed that the production of the note makes out a prima facie case for plaintiff, and that he is presumed to be a bona fide holder for a valuable consideration and before maturity. 3. Bills and notes, § 462*—when instructions not erroneously given. Instructions in an action on a promissory note, held not erroneously given. 4. Evidence, § 459*—when evidence of testimony of party in another suit is admissible. Evidence of testimony of what certain witnesses heard one of the parties testify to in the course of another suit is admissible, if germane to the issue. 5. Evidence, § 459*—when transcript of evidence in another action is properly excluded. Refusal to admit in evidence a purported transcript of the evidence given by one of the parties as a witness in another action is not error where the transcript is not in proper form.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Taylor

delivered the opinion of the court.

2. Biles and notes, § 462*—when instruction as to lack of fraud in obtaining execution of note is properly refused. Even though, in an action on a note, the plea alleges “fraud and circumvention” in obtaining the note, it is not error to refuse an instruction that there was no fraud or circumvention in obtaining its execution, where the plea is, in substance, that the note was given without consideration, and the jury are instructed that the production of the note makes out a prima facie case for plaintiff, and that he is presumed to be a bona fide holder for a valuable consideration and before maturity. 3. Bills and notes, § 462*—when instructions not erroneously given. Instructions in an action on a promissory note, held not erroneously given. 4. Evidence, § 459*—when evidence of testimony of party in another suit is admissible. Evidence of testimony of what certain witnesses heard one of the parties testify to in the course of another suit is admissible, if germane to the issue. 5. Evidence, § 459*—when transcript of evidence in another action is properly excluded. Refusal to admit in evidence a purported transcript of the evidence given by one of the parties as a witness in another action is not error where the transcript is not in proper form.

Cite This Page — Counsel Stack

Bluebook (online)

206 Ill. App. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellogg-v-bickford-illappct-1917.

Opinion

Related

Cite This Page — Counsel Stack