Grubey v. National Bank

Citations

• 133 Ill. 79
• 24 N.E. 575

Syllabus

<p>1. Evidence—to prove a gambling transaction. To prove that certain dealings of a party on the board of trade, through his broker, with third persons, were gambling contracts, the party was asked if the several transactions shown in a certain statement were in fact settled between such party and his broker: Held, that the question was properly disallowed, as the settlements between the party and his broker had no tendency to prove that the broker had, as agent, engaged in gambling transactions with third parties.</p> <p>2. Same—hearsay. Where one deals on the board of trade only through his broker, a question put to the former as a witness in his own behalf, calling for a statement of facts not within his personal knowledge, but only such facts as had béen reported to him by his agent, is properly disallowed. In such case the broker should be called to testify to the facts.</p> <p>3. Error—in excluding evidence—cured by its subsequent admission. The court refused to allow a party called as a witness in his own behalf, to answer a certain question, but allowed him to answer another question which embraced all matters contained in the former one : Held, that if the refusal to allow the witness to answer the first question was error, it did no harm.</p>