Opinion · Illaw Illinois

IN RE ESTATE OF MADDOX, 331 Ill. App. 108 (1947)

In re Est. of Porter Maddox, Deceased. Petition of Herman Maddox,Administrator of Est. of Porter Maddox, Deceased.Appeal of Odessa Flanagan., 72 N.E.2d 450 (Ill. App. Ct. 1947)

Type
Opinion
Court
Illaw Illinois
Jurisdiction
Illaw
Date
1947-04-25
Topic
general

IN RE ESTATE OF MADDOX, 331 Ill. App. 108 (1947) 72 N.E.2d 450 In re Estate of Porter Maddox, Deceased. Petition of Herman Maddox,Administrator of Estate of Porter Maddox, Deceased.Appeal of Odessa Flanagan. Gen. No. 43,415.

Citator

UpLaw has not yet analyzed IN RE ESTATE OF MADDOX, 331 Ill. App. 108 (1947). The absence of a flag is not a finding that it is good law.

IN RE ESTATE OF MADDOX,331 Ill. App. 108(1947)
72 N.E.2d 450
In re Estate of Porter Maddox, Deceased.Petition of Herman Maddox,
Administrator of Estate of Porter Maddox, Deceased.
Appeal of Odessa Flanagan.
Gen. No. 43,415. (Abstract of Decision.)
Appellate Court of Illinois.
Opinion filed April 2, 1947
Released for publication April 25, 1947
EVIDENCE, § 654.1fn*—admissibility of photostatic copy ofassignment of conditional sales contract.In trial involving issue, as between administrator and respondent, of right to automobile purchased by deceased on conditional sales contract, photostatic copy of alleged assignment by deceased to respondent of such contract was improperly excluded, where there was evidence that assignment existed, that original instrument was lost about three weeks after photostatic copy was made and that respondent made diligent search to find original, and both respondent and witness testified that they saw deceased sign original, and at trial written notice was served upon administrator to produce original, otherwise respondent would offer photostatic copy in lieu thereof.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.

Reversed and remanded for further proceedings. Heard in the third division, first district, this court at the April term, 1945.
Ellis Westbrooks, for appellant;

Richard E. Westbrooks, of counsel;

Henry C. Ferguson, for appellee.
Opinion by PRESIDING JUSTICE LEWE.
Not to be published in full.Opinion filed April 2, 1947; released for publication April 25, 1947.Page 109
  1. See Callaghan's Illinois Digest, same topic and sectionnumber. ↩