Keith v. Mafit

Citations

• 38 Ill. 303

Syllabus

<p>1. Pleading—wliat must he spMglly pleaded. Evidence to prove a total, or partial failure of conside^^fci, is inadmissible under the plea of the general issue. These defenses^^Bbe presented by special plea.</p> <p>2. Evidence—-proving contents of written instruments. The contents of written instruments can not be proved, without first laying the proper foundation for such testimony.</p> <p>3. Same—how payment may he proved. A payment, evidenced by a receipt, may be proved by a witness, or by the production of the receipt itself; and when proven by a witness, he must know the fact independent of the instrument.</p>