Thorp v. Goewey

Citations

• 85 Ill. 611

Syllabus

<p>1. Pleadings—written, not required on appeal from refusal to allow claim against estate. The statute does not require written pleadings where a claim is presented for allowance against an estate in the county court, and none are necessary on appeal from the judgment of that court, the trial being de novo.</p> <p>2. Evidence —financial condition of party. On the question of the genuineness of a promissory note presented as a claim against an estate, made many years before, evidence of the financial condition of the payee and holder of the note, at the date of the note and subsequently, is admissible in evidence on the part of the defense.</p> <p>3. Same—pecuniary condition of supposed malcer of note. On an issue as to the fact of indebtedness of an intestate upon a promissory note outstanding a period of seventeen years, filed against his estate, the genuineness of which is disputed, it is competent for the defense to show in evidence that, from the date it purports to have been given down to the death of the deceased, he was prompt to pay his debts, was prudent, careful, credit good, was a man of large property, and did not like to be in debt, and that the payee, his son, was so pressed by his creditors, before the maker’s death, as to take refuge in bankruptcy.</p> <p>4. Same—res gestes. Where the payee of a note testified to the payment of money credited on the same, in support of its genuineness, which was disputed, and that the payment was made at a particular time and place, it was held, competent, in rebuttal, to prove, by other witnesses present at the time and place, that no money was paid by the maker, and also what was said and done at that time and place, as a part of the res gestee, but not what was said the previous night.</p> <p>5. Same—to show note not genuine. Where the genuineness of a promissory note, purporting to be from a father to his son, is disputed, evidence that the father signed his name in blank on a piece of paper to enable the son to