Butz v. Schwartz

Citations

• 135 Ill. 180
• 25 N.E. 1007

Syllabus

<p>1. Witnesses— competency—in suit by an administrator—opposite party-—and others having adverse interests. The purpose of section 2 of the act relating to evidence is to limit the operation of the first section so as to place parties upon an equal footing, and not to allow the estate of a deceased person, or of a person under the disabilities mentioned, to be subjected to a disadvantage not possible but for such death or disability.</p> <p>2. So in a suit by the administrator of a deceased assignee of a note, the defendant, the maker of the note, is incompetent to testify to any matters occurring before the death of the plaintiff’s intestate, unless within one or more of the exceptions to section 2, chapter 51, of the Revised Statutes, relating to evidence.</p> <p>3. If a promissory note received by an agent was procured by fraud and circumvention on his part, he will be responsible to his principal for any loss or damage caused him. by such illegal transaction, and he is .therefore interested in supporting the note, to avoid such responsibility ; and if such interested agent is permitted to testify, in behalf of one suing or defending as administrator, to any conversation or transaction with the opposite party, then such opposite party, or party in interest, may also testify to the same conversation or transaction.</p> <p>4. Where a witness, eithei; interested, or not, in the event of a suit by an administrator against the maker of a note, testifies to a conversation of the defendant at the time of his signing the note, the defendant may testify as to the Whole of such conversation and transaction, including the whole res gestm.</p> <p>5. In case the event of a suit, if adverse to the party producing the witness, will render the witness liable, either to a third person orto the party himself, there is a direct interest on the .part of the witness in the event of the suit, and this without regard to whether the liability arises from an express or an implied legal