Ritter v. Schenk

Citations

• 101 Ill. 387
• 1882 Ill. LEXIS 96

Syllabus

<p>1. Error will not always reverse—admission of improper evidence. An error in admitting the evidence of an incompetent witness on the hearing of a chancery case, is no ground of reversal when the record contains other evidence which is competent and sufficient to sustain the decree.</p> <p>2. Chancery—presumption that only proper evidence was considered. In chancery cases, it will be presumed that the court disregarded incompetent evidence on the hearing, especially where there is competent evidence on which to base its decree.</p> <p>3. Payment—presumption from, possession of note by payee. The possession of a promissory note in the hands of the personal representative of the payee, unexplained, is prima facie evidence that it has not been fully paid, and when it is produced in evidence, the burden of proof is on the maker to establish payment, by a preponderance of evidence.</p> <p>4. Same —payment of interest after debt has been paid—effect on rights of parties. The payment of interest on the amount claimed to be due when the note was in fact fully paid, the holder claiming compound interest, will not conclude the maker from afterwards proving a prior payment in full, where such payment of interest was made in ignorance of his rights.</p>