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101 Ill. App. 438

Mueller v. Holm

Appellate Court of Illinois

Decided April 4, 1902

Appellate Court of Illinois · decided 1902-04-04

Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. John C. Carver, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901.

Affirmed · Decided 1902-04-04

Mr. Justioe Waterman

¶1delivered the opinion of the court.

¶2It is urged in this case that the finding of the jury and judgment of the Circuit Court are so manifestly against the evidence that this court ought to set the same aside. We have examined the abstract and the argument of counsel and are of the opinion that the verdict was in accordance with the weight of the evidence.

¶3Nor do we find any error as to the admission or rejection of evidence such as would warrant a reversal of the judgment.

¶4The court might with propriety have allowed appellant to answer the question as to whether appellee had testified that there had been no settlement made with the company as to the amount he had paid the company “ on this assumed indebtedness; ” nevertheless, we are not prepared to say that the court’s refusal so to do was error.

¶5Whether appellee had settled with the company was immaterial.

¶6Appellee’s testimony that he had settled was not only received without objection, but appellant did not move to strike it out; it was, moreover, not only immaterial but inconsequential.

¶7The judgment of the Circuit Court is affirmed.

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