FREDRICH v. WOLF, 316 Ill. App. 672 (1942)

45 N.E.2d 551

Gen. No. 41,150. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed December 9, 1942

ON REHEARING.
WITNESSES, § 59[*] — testimony incompetent on executor’s petition to open and vacate confessed judgment against decedent. On executor’s petition to open and vacate plaintiff’s confessed judgment against decedent and her son-in-law, held that testimony of latter, who was called by plaintiff as adverse party and who testified that he signed decedent’s name to note, as to conversations between decedent and witness with respect to latter’s authority to sign decedent’s name, was incompetent over executor’s objections, and that it was not error as to plaintiff for court to reject plaintiff’s offer to prove that decedent authorized her signature on note; that, because she was in ill health and could not sign her name, witness signed it at her request, and that decedent was but accommodation signer having no liability to witness (Ill. Rev. Stat. 1941, ch. 51, par. 2; ch. 110, par. 184; Jones Ill. Stats. Ann. 107.068, 104.060).

Appeal from Superior Court of Cook county; Hon. FRANCIS B. ALLEGRETTI, presiding.

Order affirmed. Heard in third division, first district, this court at February term, 1940.

Harry A. Biossat, for appellant;

Healy Reid and Frederick B. Roos, for appellee Edmund J. Thiele.

Opinion by JUSTICE KILEY.

“Not to be published in full.” Opinion filed December 9, 1942.

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