Desmond v. St. Louis, Alton & Terre Haute Railroad

Citations

• 77 Ill. 631

Syllabus

<p>1. Evidence—note of a third party not admissible without explanation. In a suit against the St. Louis, Alton and Terre Haute Railroad Company, promissory potes purporting to have been executed, by the Terre Haute, Alton and St. Louis Railroad Company are not admissible ns evidence of indebtedness without proof that the two companies are the same, known by different names, or that the company sued is liable for the indebtedness of the company executing the notes.</p> <p>2. The fact that the company sued was authorized by law to purchase the road of the company giving- the notes, upon condition it should pay the debts of the latter, will not be sufficient to make the defendant company liable. It should further be shown that it purchased the road of the other, to make it liable for the other company’s debts.</p>