Stolp v. Blair

Citations

• 68 Ill. 541

Syllabus

<p>1. Evidence—proof of business with others done in same way. In an action to recover money loaned, when the plaintiff claimed that he had loaned the defendant §500 for six months without taking any note, the court allowed the plaintiff to testify that he had frequently before, and in the case of various other persons, made loans of money without taking any note: Held, that the testimony was properly admitted to rebut any inference that might arise from the uncommonness of making such a loan without taking a note.</p> <p>3. Same—rebutting in contradiction. In a suit to recover §500 loaned, the defendant, as a witness, denied the loan, and to show that he had no occasion to borrow, testified that he had received from his brother-in-law money to be used by him, and, on cross-examination, denied having sent §300 by express to his brother-in-law. In rebuttal, the court allowed the plaintiff to prove that about the time of the loan the defendant sent §300 by express to his brother-in-law, which was objected to: Held, that the rebutting evidence was pertinent and proper, and not collateral, and that it was proper, whether it had been denied by the defendant or not.</p> <p>3. Same—-former decla/rations to corroborate impeached witness. Proof of the declarations of a witness made out of court in corroboration of testimony given by him on the trial of a cause, is, as a general rule, inadmissible, even after the witness has been impeached or discredited.</p> <p>4. Where the witness is charged with testifying under the influence of some motive prompting him to make a false statement, it may be shown that he made similar statements at a time when the imputed motive did not exist, or when motives of interest would have induced him to make a different statement of facts.</p> <p>5. So, in contradiction of evidence tending to show that the witness’ account of the transaction was a fabrication of a recent date, it may be shown that he gave a similar account before its effect and op