Iron Clad Dryer Co. v. Chicago Trust & Savings Bank

Opinion of the Court,

Gary, P. J.

In its most important feature, this case resembles Magner v. Trumbull, 33 Ill. App. 646. The appellee sued the appellant in assumpsit upon two promissory notes, and the question for us is, whether the court erred in overruling demurrers to replications to special pleas. We copy from the abstract the pleas, replications and demurrers.

“ Plea of the general issue, with affidavit of merits to the whole of plaintiff’s demand.

2d plea. That the supposed notes in the first and second counts mentioned were at the time of the execution thereof by the defendant, delivered…