The Presbyterian Church of New Boston v. Emerson
| Decision Date | 30 September 1872 |
| Citation | 1872 WL 8559,66 Ill. 269 |
| Parties | THE PRESBYTERIAN CHURCH OF NEW BOSTONv.JAMES M. EMERSON. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Mercer county; the Hon. ARTHUR A. SMITH, Judge, presiding. This was an action of assumpsit, by the appellee against the appellant, to recover for the price of a lot of lumber sold to appellant and used in the erection of a church building.
The plaintiff below, when called as a witness, testified: He afterwards testified to the items.
The court gave the following instructions for the plaintiff:
“1. The jury are instructed that, if the plaintiff in this case sold and furnished the materials claimed in his bill, to the defendant, delivered them at the place where the building was being erected, to the defendant or its agents or employees, and that the same were received and used in the building and erecting the church, then the jury will find a verdict for the plaintiff and assess his damages at the value of the materials furnished.
2. If the jury further believe, from the evidence, that the defendant agreed to pay ten per cent interest on the materials furnished after September 27, 1869, then, if the jury further believe that any part of the materials were furnished and not paid for, they will calculate interest on the same from the date they were furnished after that date.
3. The jury are instructed that it does not make any difference in what manner, or how Emerson kept his books. If the jury believe, from the evidence, that he, Emerson, sold the materials to the defendant by its order, and trusted the defendant, they must so find by their verdict.”
Messrs. BASSETT & CONNELL, for the appellant.
Messrs. PEPPER & WILSON, for the appellee. Mr. JUSTICE THORNTON delivered the opinion of the Court:
Three points are made for a reversal of this judgment:
First--That the verdict is manifestly against the weight of the evidence.
Second--That the account books were improperly admitted.
Third--That erroneous instructions were given.
The first we can not notice; there was a conflict between the witnesses; and even if four witnesses contradicted appellee, the jury had the right to credit him, corroborated as he was. We can not reverse upon the evidence merely because the jury might have found otherwise. This would effectually dispense with the trial by jury.
The book of accounts was properly admitted, and the requirements of the statute were substantially complied with.
The statute requires that the party shall testify to his account book and the entries therein contained; that the same is a book of original entries, made by himself, and are true and just, and then the book shall be admitted as evidence. (Laws of 1867, sec. 3, p....
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Vill. of Warren v. Wright
...O'Reily v. Fitzgerald, 40 Ill. 310; McCarthy v. Mooney, 49 Ill. 247; Young v. Bush, 48 Ill. 42; Neustadt v. Hall, 58 Ill. 172; Pres. Church v. Emerson, 66 Ill. 269; Conn. Mut. Life Ins. Co. v. Ellis, 89 Ill 516; C. & R. I R. R. Co. v. McKean, 40 Ill. 218; Ill. Cent. R. R. Co. v. Gillis, 68 ......
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The Vill. of Warren v. Wright
... ... Bush, 48 Ill. 42; Neustadt v. Hall, 58 Ill. 172; Presb. Ch. v. Emerson, 66 Ill. 269; Chicago v. Garrison, 52 Ill. 516; Plummer v. Rigdon, 78 Ill ... ...
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Harms v. Jacobs
...33 How. 481. A judgment will not be reversed because of a conflict in the testimony: C. B. & Q. R. R. Co. v. Lee, 87 Ill. 457; Pres. Church v. Emerson, 66 Ill. 269; Morgan v. Ryerson, 20 Ill. 343; Martin v. Ehrenfels, 24 Ill. 187; Pullian v. Ogle, 27 Ill. 189; Millikin v. Taylor, 53 Ill. 50......
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Hindert v. Schneider
...BARNES & MUIR, for appellee; that a new trial will not be granted on the ground that the evidence is conflicting, cited Pres. Church v. Emerson, 66 Ill. 269; C. B. & Q. R. R. Co. v. Lee, 87 Ill. 454; Guerdon v. Corbett, 87 Ill. 272. LACEY, J. This suit was brought to recover on two promisso......