Casner v. Preston

Citations

• 109 Ill. 531

Syllabus

<p>1. Appear—review of controverted questions of fact. On the trial of an appeal from an order of the county court allowing a claim against an estate, the execution of the note sued on was denied under oath, and no consideration and failure of consideration, and a settlement of the claim, were set up in defence. The jury found the issues for the plaintiff, upon which judgment was rendered for the amount of the note, and this judgment was affirmed by the Appellate Court: Held, that the findings on the issues by the jury, and the findings by the Appellate Court, were conclusive on this court as to the disputed questions of fact.</p> <p>2. Married women—power to make binding contracts. Section 6, chapter 68, of the Revised Statutes of 1874, confers ample power on a married woman to enter into a contract with a person other than her husband, to remain with her family on his place, and allow him to make his home in the family, and give him such care and attention as he might require during his life, in consideration of his promise to pay her for the service.</p> <p>3. In this case, a feeble old bachelor, advanced in years, executed and delivered to a married woman a promissory note for $4000, payable six months after date, to induce her to remain in his house and make it a home for him, and to care for and nurse him during his life, which she agreed to do, and she performed the agreement without objection on the part of her husband. It was held, that the note was based on a sufficient consideration, and that had she failed to perform her agreement, or been prevented from doing so, that would have only gone to the consideration, but not to the validity, of the note.</p>