Case v. Lyman

Citations

• 66 Ill. 229

Syllabus

<p>1. Evidence&emdash;to show that indorsee of a note was agent for real owner so as to admit defense. Where the consideration of a promissory note given for a patent right had failed, and the note was made payable to the agent of the company who sold the patent right, and was by him indorsed to the plaintiff, and it appeared that sometimes when the maker wrote to the company in respect to the matter, the plaintiff answered the same, and when he wrote to the plaintiff, sometimes the company answered the same: Held, that, in a suit upon the note, it was error to refuse to admit in evidence the letters written by the company, as they tended to show that the plaintiff' and the company were the same, or that he was merely the agent or superintendent, and acting in behalf of the company.</p> <p>2. Same—proof of loss to admit seconda/ry evidence. In a case where the contents of lost letters were material and relevant to the issues, the party desiring such testimony, being the party to whom they were addressed, testified that when he received them he put them in a cupboard; that he had looked for them there, and made diligent search for them everywhere he thought they would likely be placed, and was unable to find them, and that they could not be found: Held, that a sufficient foundation was shown for the admission of proof of their contents.</p> <p>3. In a case where a proper foundation is laid for the proof of the contents of a lost letter or writing, the fact that the witness can not tell particularly the contents, is no ground for the rejection of his testimony. He may, in such case, give his best recollection of the contents.</p>