Tedens v. Schumers

Citations

• 112 Ill. 263

Syllabus

<p>1. Evidence—in support of general character of witness for truth and veracity—whether admissible. A party can not call and examine witnesses to support the general character of another witness, or himself, as a witness, for truth and veracity, until the character of the witness .thus sought to be supported has been directly assailed. Mere contradictions or different versions by witnesses do not justify the application of the rule that evidence may be given favorable to a witness’ character for truth. It is only when witnesses are called who testify that his general character for truth is bad, that witnesses may be introduced in support of his general character.</p> <p>2. Same—due bill in possession of the maker—degree of evidence to overcome presumption of payment. The fact that a due bill is found in the hands of the maker, is prima facie evidence of its payment, and the payee suing on the same is required to overcome the presumption by a preponderance of evidence, before he can recover. In a suit to recover an alleged indebtedness, the plaintiff must prove the defendant owes him, by a preponderance of evidence.</p> <p>3. And if the plaintiff shows, by a preponderance of evidence, that the defendant owes him on a due bill, notwithstanding its surrender to the latter, then the defendant must overcome that evidence by a preponderance, to defeat a recovery.</p> <p>4. So it is error to refuse an instruction, in a suit to recover a debt which is denied by the pleadings, that the plaintiff must make and establish his ease by a preponderance of the evidence, and unless lie has done so the jury should find for the defendant.</p>