Wineman v. Oberne
Appellate Court of Illinois
Appeal from the Circuit, Court of Cook County; the Hon. Julius S. Grinnell, Judge, presiding.
1Opinion of the CourtGary, J.
This is an action by the payees, the appellees, against the acceptors, the appellants, upon a bill of exchange.
The appellants pleaded specially that the consideration was the undertaking by the payees to and with the acceptors and the drawer to supply the drawer with wool, to be by him manufactured, and the product shipped to the acceptors and by them sold for the drawer on commission, and that the payees did not supply the wool.
A demurrer was sustained to the pleas. If true, they stated a good defense.
“A total failure of consideration will avoid a commercial instrument resting upon it as…
2Cases cited10 opinions
- Curtiss v. MartinIllinois Supreme Court · 1858
- Atlantic Insurance v. WrightIllinois Supreme Court · 1859
- Wilson v. KingIllinois Supreme Court · 1876
- Zimmerman v. WillardIllinois Supreme Court · 1885
- Cronise v. KelloggIllinois Supreme Court · 1858
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3Cited by4 opinions
- Hoffmann v. World's Columbian ExpositionAppellate Court of Illinois · 1894
- Richelieu Hotel Co. v. International Military Encampment Co.Appellate Court of Illinois · 1891
- Travelers' Preferred Accident Ass'n v. MooreAppellate Court of Illinois · 1895
- Kimbell v. MillerAppellate Court of Illinois · 1894