Edgerton v. Weaver

Citations

• 105 Ill. 43
• 1882 Ill. LEXIS 234

Syllabus

<p>1. Evidence—burden of proof to show contract to pay interest on interest. In a suit where the plaintiff seeks to recover interest on interest after clue, the burden of proof is upon him to prove a promise to pay such interest, for a consideration deemed valuable in law, and an acceptance of such promise, either actual or constructive.</p> <p>2. Consideration—forbearance to sue. Where forbearance is relied on as the consideration of a promise, the proof must show more than that it was followed by.forbearance. It must appear, not only-that the promise was made for the purpose of obtaining time, and that time was actually given, but also that the indulgence thus accorded was in pursuance of the request implied by the promise.</p> <p>3. Appeals—review of facts. On an ordinary claim against an estate, taken by appeal to the Appellate Court, where the judgment below is affirmed, this court is precluded from investigating any and all disputed questions of fact, and all matters relating to the character, force and effect of the testimony, on appeal or error.</p>