Murrah v. Russell

Decided May 1, 1915

Appellate Court of Illinois · decided 1915-05-01

Abstract of the Decision. 1. Bills and notes, § 55*—when consideration sufficient A note given by a third person direct to a creditor of a college and intended as a gift to the college, and accepted hy the creditor as so much cash, is based upon a sufficient consideration. 2. Appeal and ebbob, § 1325*—when presumptions in favor of findings. The same presumptions follow the finding of the court that follow the verdict of a jury as to question of fact. 3. Appeal and ebbob, § 1325*—when court presumed to have considered only competent evidence. It will be presumed that a court in coming to a conclusion as to a finding of fact, considers only-competent testimony. 4. Witnesses, § 39*—when wife incompetent. A wife who acts as an agent of her husband in securing the renewal of a note is an incompetent witness in an action by the husband involving the note, where the husband is disqualified because of the fact that he is a party in interest.

Affirmed · Decided 1915-05-01

Mr. Justice Harris

¶1delivered the opinion of the court.

2. Appeal and ebbob, § 1325*—when presumptions in favor of findings. The same presumptions follow the finding of the court that follow the verdict of a jury as to question of fact.3. Appeal and ebbob, § 1325*—when court presumed to have considered only competent evidence. It will be presumed that a court in coming to a conclusion as to a finding of fact, considers only-competent testimony.4. Witnesses, § 39*—when wife incompetent. A wife who acts as an agent of her husband in securing the renewal of a note is an incompetent witness in an action by the husband involving the note, where the husband is disqualified because of the fact that he is a party in interest.