Brobston v. Cahill

Citations

• 64 Ill. 356

Syllabus

<p>1. EvroENOE—proof of genuineness of handwriting by comparison with other writing admitted to be genuine. The rule, as announced in tbe case of Jumpertz v. The People, 21 Ill. 875, that tbe genuineness of bandwriting can not be proved or disproved by allowing tbe jury to compare it with other writing of tbe party proved or admitted to be genuine, does not apply where tbe writing, with which it is sought to compare that claimed as not genuine, is properly in evidence and pertinent to tbe case.</p> <p>2. As, where, in an action of assumpsit for money claimed to be due the plaintiff, the defendant introduced in evidence, for the purpose of showing his non-indebtedness, various receipts given him by the plaintiff, one of which the plaintiff denied he ever executed, it was held proper for the court, in determining whether such receipt was genuine, to compare it with the others admitted to be genuine.</p>