McMahon v. Crone, 205 Ill. App. 47 (1917)

April 16, 1917 · Illinois Appellate Court
205 Ill. App. 47
Thomas A. McMahon, Appellant, v. Selena Crone, Appellee

Thomas A. McMahon, Appellant, v. Selena Crone, Appellee.

(Not to be reported in full.)

Abstract of the Decision.

1. Trial, § 153 * —when determination of weight of evidence is for jury. The evidence as to the claim sued on being conflicting, held that it was the province of the jury to weigh the evidence and pass upon the credibility of the witnesses.

2. Bills and notes, § 443*—when evidence sufficient to show failure of consideration. Evidence held sufficient to support the finding in favor of the defendant, in an action on a note claimed in defense to have been without consideration and not to have been delivered, and on a payment by plaintiff to defendant claimed by plaintiff to have been a loan to defendant and by defendant to have been payment of a loan by defendant to plaintiff.

Appeal from the Circuit Court of Greene county; the Hon. Nob-man L. Jones, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed April 16, 1917.

Statement of the Case.

Action by Thomas A. McMahon, plaintiff, against Selena Crone, defendant, to recover on a promissory note amounting, with interest, to $266.88, and a loan of $41. From a judgment for defendant, plaintiff appeals.

Thomas A. McMahon and Sumner & Reardon, for appellant.

Frank A. Whiteside, for appellee.

Mr. Justice Graves

delivered the opinion of the court.

*483. Assumpsit, action of, § 88 * —whqn evidence as to making of loan is admissible. In an action to recover money claimed to have been loaned defendant, where it was claimed in defense that the money was a repayment by plaintiff of a loan to him by defendant, evidence as to the amount of the claimed loan by defendant to plaintiff and other evidence tending to show that such loan had been made, held to be properly admitted as corroborating evidence in support of such defense.