Castle v. Judson
Illinois Supreme Court
This was an action of assumpsit, brought by the defendants in error, and returned to the Cook County Court of Common Pleas, at vacation term for June, 1854. The declaration was filed on the 17th of May preceding.
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This was an action of assumpsit, brought by the defendants in error, and returned to the Cook County Court of Common Pleas, at vacation term for June, 1854. The declaration was filed on the 17th of May preceding. On the sixth of June the plaintiffs in error, (defendants below,) filed a plea of the general issue, also a plea of partial failure of consideration; and, third, a like plea, alleging that the indorsees of the notes sued on the plaintiffs in the action below, had notice before assignment to them. To which one of the defendants below made affidavit that he had a just and legal defence…
1Opinion of the CourtSoates, C. J.
The defendants instituted this action in assumpsit, to the June vacation term of the Cook County Court of Common Pleas, and counted on a promissory note, made by plaintiffs, payable to their own order, and indorsed by them to defendants, and also upon the common counts. Plaintiffs filed three pleas: First, general issue; second, a partial failure of consideration in this, that note was given for goods bought of defendants, which they failed to deliver; and, third, a partial failure, in the non-delivery of goods bought of third persons, for which the note was given, and of which defendants had…
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