Hopkins v. Chittenden's Administrator

Citations

• 36 Ill. 112

Syllabus

<p>1. New trial — verdict against the evidence. In an action upon a promissory note the jury returned a verdict for the plaintiff, without allowing a payment of forty dollars which had been proven. The judgment was reversed because the verdict was contrary to the evidence.</p> <p>2. Payment — what constitutes—infractions. In an action on a note upon which there was a credit indorsed of $100, it appeared that amount had not been paid, but $40 was paid about the time the indorsement was made. The jury were instructed that if they believed the indorsement of $100 was made by the defendant, when in fact he had not paid that sum, then they should find the amount due upon the note in disregard of said indorsement. This was erroneous, because it told the jury to disregard any other payments that might have been made, besides the one claimed, which was false.</p>