Smith v. Doty
Illinois Supreme Court
This is an appeal from an order of the Ogle Circuit Court, sustaining a demurrer to a plea of the defendants below. The case in the Circuit Court was an action of assumpsit.
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This is an appeal from an order of the Ogle Circuit Court, sustaining a demurrer to a plea of the defendants below. The case in the Circuit Court was an action of assumpsit. The plaintiff, by his declaration, complains that on, etc., at, etc., Ezekiel S. Smith and Henry A. Mix, defendants below, made their certain promissory note, bearing date the day and year last aforesaid, and delivered the said note to the plaintiff below, by which note the said defendants below promised to pay to Elisha Doty, or order, four hundred dollars, with interest, six months after date thereof, for value…
1Opinion of the Court
Catón, C. J.
We are of opinion that both the pleas in this record were bad. The substance of both pleas is, that the note declared on was given in consideration of the assignment of another note, which had been given by one Higly to the plaintiff; and that that note was given without consideration, and was therefore void, while the plaintiff fraudulently represented that it was good and collectable, and hence this note was given without consideration. These pleas do not show a want or failure of consideration. For aught that appears here, Smith, to whom the first note was assigned, may have…
2Cited by6 opinions
- Honeyman v. JarvisIllinois Supreme Court · 1872
- White v. SutherlandIllinois Supreme Court · 1872
- Bowen v. SchulerIllinois Supreme Court · 1866
- D. S. Morgan & Co. v. ThetfordAppellate Court of Illinois · 1879
- Iron Clad Dryer Co. v. Chicago Trust & Savings BankAppellate Court of Illinois · 1893
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