Sturman v. Streamer

Citations

• 70 Ill. 188

Syllabus

<p>1. - Evidence—pcvrty asserting a trust must establish the same by a preponderance of evidence. Where a promissory note is assigned to a person, upon which he recovers judgment in his own name, and he swears that the assignment to him was absolute, in payment- of a debt, the party asserting that he took the assignment in trust to apply the proceeds in payment of other and different indebtedness, must show that fact by clear and satisfactory evidence.</p> <p>2. Same—where two witnesses flatly contradict each other. Where two witnesses upon an issue flatly contradict each other, the court trying the case can, from the difference in their manner of testifying, from their standing, and-a variety of circumstances, determine much better than this court which one is entitled to be believed. So that where a question of fact depends solely on such evidence, this court must depend largely upon the judge below for its determination.</p>