Rindskoph, Stern, Lauer & Co. v. Kuder

Citations

• 145 Ill. 607
• 34 N.E. 484
• 1893 Ill. LEXIS 1103

Syllabus

<p>1. Witness—party contradicting his oum witness. A party who calls the adverse party as his witness is not bound by the mere conclusion of such witness, and only by his statement of facts in so far as he is entitled to credit, taking into consideration the reasonableness of the testimony, and all other proper tests of the credibility of witness and the weight of the evidence. A party is not concluded by the evidence of a witness introduced by him, whether á party or not.</p> <p>2. If a witness state facts against the interest of the party calling him, another witness may be called by the same party to disprove those facts, as such facts are evidence in the case; and the other witnesses are not called directly to discredit the first, but the impeachment of his credit is incidental only, and consequential.</p> <p>3. Fraudulent Conveyance—sale to bona fide creditor. A conveyance of a debtor’s land to a bona fide creditor, at a reasonable price, and without any intent to hinder, delay or defraud other creditors of their demands, will not be set aside as fraudulent. In such case the relationship existing between the parties to the deed, that of mother and son, is to be considered in connection with all the other facts and circumstances in the case, but is not a controlling fact.</p>