Reports of Cases Determined in the Appellate Courts of Illinois Volume 214

Reports of Cases Determined in the Appellate Courts of Illinois Volume 214

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...alleged in the original bill.. The cause was referred to the master in chancery, who heard the proofs and rendered a report holding that the burden of proof was upon appellant to establish the fact that neither party to the transactions mentioned intended that any of the commodities bought or sold should be delivered, and that appellant has failed to establish such fact by a preponderance of the evidence. The exceptions to the master's report were overruled by the chancellor, who entered a decree dismissing the original bill for want of equity and rendering a money judgment on the cross-bill against appellant as administrator of said estate and against him in his own proper person for the sum of $4,483.13. Appellees contend that to invalidate the note in question, it was incumbent upon appellant to prove that at the time the transaction was entered into it was the intention of neither of the parties to make or receive delivery of grain or other commodity dealt in, and much stress is laid upon the fact that there was no direct evidence of the intention of Frances M. Campbell in regard thereto. The intention of the parties may be determined from the nature of the transaction and other facts and circumstances in connection therewith. In other words, the intention of the parties, like any other material fact in a case, will be determined from a consideration of all the evidence in the ease. R. E. Pratt (E Co. '0. Ashmore, 224 Ill. 587; Jamieson 1/. Wallace, 167 I11. 396; First Nat. Bank of El Paso '0. Miller, 235 I11. 137. _ Frances M. Campbell, in the year 1912, owned an equity in a farm of the value of about $6,625, also personal propcrty of the value of about $3,000. He raised between 8,000 and 9,000 bushels of corn, of which be more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236778340
  • 9781236778345