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89 Ill. 255

Harvey v. Collins

Illinois Supreme Court

Decided June 15, 1878

Illinois Supreme Court · decided 1878-06-15

Amos Watts, Judge, presiding. This was an action of assumpsit, by Daniel P. Collins against John S. Harvey and Sarah B. Harvey, upon a promissory note, made by the defendants to Isaac McClelland, for the sum of $1519.50, payable six years after date, and assigned by the payee to the plaintiff. The defense was, payments made on the note, at various times. The note itself showed various credits indorsed, but others were claimed.

Cited by 1 later decisions — most recently December 1886

1 state decisions

Relies on Gottschalk v. Hughes

Good law ✅— No negative treatment on recordhow we know

Decided 1878-06-15

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Mr. Justice Scott

¶1delivered the opinion of the Court:

¶2The matters in dispute between the parties to this case have relation to payments on the note which is the basis of the action. As respects the controverted items of set-off pleaded, the evidence is conflicting, and treating the finding of the court as we would the verdict of a jury, as the rule is, it must stand.

¶3In support of the motion for a new trial, affidavits of newly discovered evidence were read, but as it amounts to nothing more than cumulative, if produced on another trial it would not be decisive of the case. The rule is well settled, it is not the practice to award a new trial to let in such evidence. Even if admitted on a second trial, it can not be known t' e result would not be the same. Gottschalk v. Hughes, 82 Ill. 484.

¶4There is evidence to sustain the finding of the court, and as there is nothing in the record to warrant a reversal of the judgment, it must be affirmed, which is done.

¶5Judgment affirmed.

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