Eich v. Sievers

Citations

• 73 Ill. 194

Syllabus

<p>1. Consideration—burden of showing, as to note. If the consideration as to part of a promissory note is sought to be impeached, the burden of proof to show the real consideration will rest upon the defendant setting up the defense.</p> <p>2. Same—proof must show what part is illegal. If parties, when sued upon a promissory note, allege that a portion of its consideration was illegal, being for intoxicating liquors sold by the drink to one of the makers, contrary to the statute, it is incumbent on them to show by proof what part of the consideration was illegal.</p> <p>3. Joinder op parties—administrator with others. In a suit upon ,a promissory note, against several makers, where the principal dies and his death is suggested, it is improper to make his administrator a co-defendant with the others.</p> <p>4. Evidence—competent as to pan't of the pa/rties, but not as to othen's. If the testimony of a party plaintiff is competent as to one defendant, hut not as to another, who defends in a representative capacity, the court can not exclude the same, but its effect in such case may be limited and controlled by instructions from the court.</p>