Presbyterian Church v. Emerson

Citations

• 66 Ill. 269

Syllabus

<p>1. New trial—when evidence is conflicting. A new trial will not be granted on the ground that the verdict is against the weight of the evidence, when the testimony is conflicting, even though the jury might have found otherwise, and even though the plaintiff’s testimony was contradicted by four witnesses, if his evidence was corroborated.</p> <p>3. Books of account. The statute relating to the admission of the parties’ account books in evidence, requires that the party offering them shall testify to the same, and the entries therein contained; that the same is a book of original entries made by himself, and are true and just. A substantial compliance with this statute will be sufficient. When the party testifies that the account contained in his books is correct, it will be equivalent to a statement that the entries are ti'ue and just.</p> <p>3. Same—to he considered, in connection with the other evidence. Where the plaintiff’s books, when offered in evidence, showed an erasure, and there was other proof of the delivery of the articles charged, it was held, that the plaintiff' had a right to have the court instruct the jury, if they believed, from the evidence offered, that the plaintiff sold the articles to the defendants, they must find for him, without regard to the manner in which the books had been kept.</p> <p>4. Sale of lumber—delivery to agent sufficient. In a suit to recover for the value of lumber furnished the defendant, and used in a building, the court instructed the jury, that if the plaintiff sold and furnished the materials claimed in his bill, to the defendant, delivered them at the place where the building was being erected, to the defendant or its agents or employees, and that the same was received and used in the building and erecting the church, then they should find for the plaintiff and assess his damages at the value of the materials furnished: Reid, that the instruction was not erroneous, but required the jury to find more than was necess