Categories: Illinois Appellate Court Opinions

WHITE v. PARISH, 302 Ill. App. 172 (1939)

23 N.E.2d 939

Frances Merle Long White, Administratrix, With Will Attached of Estate of Carl Murray White, Deceased, Appellee, v. Chaney L. Parish, Appellant.

Gen. No. 40,707. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed November 27, 1939.

EVIDENCE, § 144[*] — notes as best evidence. In action by administratrix for money allegedly loaned by decedent, memorandum cards on which records of loan transactions were kept were improperly admitted into evidence, as the notes were the best evidence, even books of account not being admissible under exception to general rule, and trial court erred in directing verdict for plaintiff instead of permitting jury to pass on veracity of witnesses and probability of their testimony.

[*] See Callaghan’s Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOSEPH J. DRUCKER, presiding. Reversed and remanded. Heard in first division, first district, at April term, 1939; opinion filed November 27, 1939.

Charles E. Loy, for appellant; Donald J. Seeley, for appellee.

Opinion by MR. PRESIDING JUSTICE MATCHETT.

“Not to be published in full.”

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