Ruggles v. Gatton

Citations

• 50 Ill. 412

Syllabus

<p>1. Evidence—under certain issues. If evidence is admissible under any issue in the case, or for any purpose, it should not be excluded.</p> <p>2. So in an action upon a promissory note, where the defendant pleaded a set-off for goods sold and delivered, to which the plaintiff replied the statute of limitations, and the defendant also pleaded payment, although some of the items in the account sought to be set off were barred by the statute of limitations, and therefore not admissible in evidence under the plea of set-off, yet such items could be proven under the plea of payment, there being evidence tending to show the goods, when sold, were to be applied as a payment on the note.</p> <p>3. Statute of fbauds—how availed of. The statute of frauds must be relied on to be made availing, but that may be done either by special plea, or on the evidence under 'the general issue.</p> <p>4. And where a defendant in an action files a plea of set-off, that being in the nature of a cross-action, and substantially a declaration, the same rule must obtain, in defending under the statute against such a plea, as if it were a declaration in a suit brought by the defendant. It is optional with the plaintiff whether he will plead the statute, or set it up under the evidence on the trial.</p> <p>5. Statute of frauds—of a verbal promise to pay the debt of another. Where it is sought to recover from one the price of goods sold to another, upon the alleged verbal promise of the former to pay for them, the fact that the goods were charged to the person who bought them is strong evidence that the credit was given to him, but it is not conclusive, and may be rebutted by proof of a more convincing character.</p> <p>6. Books of account—whether admissible in evidence. A party who sought to introduce in evidence his books of account, did not state that the books were of original entries and that he made them, and that they were true, or that they were made by a deceased person, or a person the