Engbert v. Martz

Full title: Albert O. Engbert, Executor of Last Will and Testament of Mary Arnold…

Court: Appellate Court of Illinois

Date published: Apr 12, 1941

309 Ill. App. 648 (Ill. App. Ct. 1941)

33 N.E.2d 723

Opinion

Gen. No. 9,647. (Abstract of Decision.)

Opinion filed April 12, 1941.

NEGOTIABLE INSTRUMENTS, § 340^_ — payment, sufficiency of evidence. In action or note by executor, evidence established that defendant had paid the interest on the note by check and had paid off the note in cash, where testator had marked the check paid in full, and later executed a receipt in his own handwriting because of his inability to find the note and cancel it.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Stephenson county; Hon. LEON A. ZICK, presiding.

Affirmed. Heard in this court at February term, 1941; opinion filed April 12, 1941.

Ascher Ellis, for certain appellant;

Manus Manus, for certain other appellant;

Hunter Hunter, for appellee.

Opinion by JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed April 12, 1941.