{
  "id": 2592162,
  "name": "Nehemiah Simons, Plaintiff in Error, v. John S. Waterman, Defendant in Error",
  "name_abbreviation": "Simons v. Waterman",
  "decision_date": "1856-06",
  "docket_number": "",
  "first_page": "371",
  "last_page": "372",
  "citations": [
    {
      "type": "official",
      "cite": "17 Ill. 371"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 181,
    "char_count": 3307,
    "ocr_confidence": 0.531,
    "pagerank": {
      "raw": 1.5941264079917454e-07,
      "percentile": 0.6826195272388468
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    "sha256": "eb47221e5b0d9ab17cbea396e5dac7c5038224cd3527bad1755cfab43be650dc",
    "simhash": "1:c9b53c7ded17b58c",
    "word_count": 574
  },
  "last_updated": "2023-07-14T16:45:18.872749+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Nehemiah Simons, Plaintiff in Error, v. John S. Waterman, Defendant in Error."
    ],
    "opinions": [
      {
        "text": "Skinner, J.\nThis action was commenced before a justice of the peace and appealed to the Circuit Court, where judgment was rendered for the plaintiff.\nOn the trial the plaintiff read in evidence two promissory notes executed by the defendant\u2014one payable to \u201c J. S. and J. C. Waterman,\u201d and assigned by them to \u201c J. S. Waterman;\u201d the other payable to \u201c J. S. Waterman.\u201d\nThe defendant offered to prove that the name of the plaintiff was \u201cJohn C. Waterman,\u201d and that \u201cJ. S. Waterman,\u201d to whom one of the notes was made and the other assigned, was \u25a0\u201cJames S. Waterman.\u201d The plaintiff objected, and the court sustained the objection.\nIf the evidence tended to prove that the plaintiff, by whatever -name he sued, was not the real person holding the legal interest in the notes sued on, then the evidence was improperly excluded. And if the plaintiff, who sued by the name of John S. Waterman, was in fact John G. Waterman, and that James S. Waterman, who of necessity was somebody else, was the person holding the legal title to the notes, then it would follow that the plaintiff had no right of action.\nThe evidence, as we understand the record, tended to prove that the plaintiff was not the person having the right of action .upon the notes, and therefore improperly excluded.\nJudgment reversed and cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Skinner, J."
      }
    ],
    "attorneys": [
      "A. C. Allen, for Plaintiff in Error.",
      "A. M. Herrington, for Defendant in Error."
    ],
    "corrections": "",
    "head_matter": "Nehemiah Simons, Plaintiff in Error, v. John S. Waterman, Defendant in Error.\nERROR TO DEKALB.\nIt is erroneous to exclude from the jury, evidence which tends to show that a plaintiff, by whatever name he sues, is not the person holding the legal interest in the notes sued on.\nThis suit was originally commenced before a justice of the peace in Kane county, by the defendant in error against the plaintiff in error, and judgment entered in favor of the defendant in error for $88.46, from which an appeal was taken to the Circuit Court of said Kane county. The venue was changed to DeKalb county.\nAt the October term of the DeKalb Circuit Court, a jury was waived and the cause submitted to the court for trial, and the issue found for defendant in error, and his damages assessed at $97.66, and judgment rendered thereon. J. G. Wilson, Judge, presided.\nThe bill of exceptions shows that on the trial the defendant in error offered in evidence two promissory notes, to wit:\n\u201c $42.72.\nSycamore, November 3, 1852.\nOne day after date, \u2014 promise to pay to the order of J. S. & J. C. Waterman, forty-two and 72-100 dollars, value received, with interest at ten per cent.\nNEHEMIAH SIMONS.\"\nIndorsed on back thereof,\n\u201c Pay J. S. Waterman,\nJ. S. & J. C. WATERMAN.\u201d\n\u201c$33.00.\nSixty days after date, for value received, I promise to pay J. S. Waterman or order, thirty-three dollars, with interest at ten per cent.\n\u201cSycamore, Nov. 23, 1852.\nNEHEMIAH SIMONS.\u201d\nTo which evidence the plaintiff in error objected, which objection was,overruled, and the opinion of the court excepted to.\nThe plaintiff in error offered to prove that the name of the plaintiff was John C. Waterman, and that J. S. Waterman, to whom the notes were delivered, was James S. Waterman, which was objected to by defendant in error, and the .objection sustained, and the opinion of the court excepted to. This was all the evidence given.\nA. C. Allen, for Plaintiff in Error.\nA. M. Herrington, for Defendant in Error."
  },
  "file_name": "0371-01",
  "first_page_order": 367,
  "last_page_order": 368
}