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34 Ill. 67

Tarble v. Underwood

Illinois Supreme Court

Decided April 15, 1864

Illinois Supreme Court · decided 1864-04-15

M. E. Hollister, Judge, presiding. This was an action originally commenced before a justice of' the peace, by Underwood against Tarble, to recover the value-of a corn-sheller, for which Tarble had given Underwood an order on King. The only question presented by the record was as to the competency of King as a witness, when called by Tarble to prove the acceptance of the order.

Decided 1864-04-15

Mr. Justice Beckwith

¶1delivered the opinion of the Court:

¶2This is a suit to recover the value of a corn-sheller mentioned in an order drawn by the appellant, in favor of the appellee, upon H. C. King & Co. The appellee claims that King & Co., refused to accept the order. On trial, the appellant offered H. C. King, one of the firm of King & Co., to prove the acceptance of the order, and his testimony was excluded. If the firm of King & Co. were liable to the appellant for a machine, it was immaterial to the witness whether his firm remained liable to the appellant or became liable to the appellee; and if this firm was not so indebted, the witness was called against his interest. The evidence was improperly excluded, and the judgment of the court is therefore reversed and the cause remanded.

¶3Judgment reversed.

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