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George L. Sparberg, Appellee, v. Isadore Cohen et al., Appellants.

PAYMENT, § 48 — evidence of payment as insufficient. In an action to recover upon two promissory notes, wherein the defense of payment was asserted, the jury could properly find that certain paid notes introduced in evidence were not the ones sued upon.

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

Opinion by PRESIDING JUSTICE McSURELY.

"Not to be published in full." Opinion filed January 19, 1942; rehearing denied February 2, 1942.

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SPARBERG v. COHEN
(Jan 19, 1942)