Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 6 (December Term, 1844)
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Bk. (1885) p. 6G2] which makes interested 53 111. 57, 60. witness in general competent. 370 1844 ] GiLLETT et al. v. Sweat. 47r Britf of Counsel. 4. Witness — alteration. In an action against one upon a joint and several noie ;made by two persons, the court instructed the jury, "that if they believe, from the |evidence, that the n te has been altered, by cutting off the name of one of the mak- lers since the same was executed, and without the knowledge or consent of the defend- ant, that they w...ill find for the defendant ;" Held, that the instruction was properly ;iven. {c) 5. Same — same — no piesmnption ; jury question. If a note, upon its face, appears to have been altered, the law presumes nothing, but leaves the question of the time when it was done, as well as that of the person by whom it was done, and the intent with which the alteration was made, as mat'ers of fact to be found by the jury. 6. Same — same — explanation for party offeririg. If, on the production of an instru- ment in court, it appears to have been altered, it is incumbent on the party offering it in evidence, to explain this appearance.
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