Rose v. Mortimer
Illinois Supreme Court
This was an action of assumpsit upon a promissory note. Plea, non-assumpsit, and similiter. The plaintiff below offered in evidence a promissory note, signed by defendant. The defendant then offered evidence to show a failure of the consideration, for which the note offered in evidence was given. This evidence was excluded by the court. To the exclusion of which evidence, the defendant below excepted, and assigns its exclusion for error.
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This was an action of assumpsit upon a promissory note. Plea, non-assumpsit, and similiter. The plaintiff below offered in evidence a promissory note, signed by defendant. The defendant then offered evidence to show a failure of the consideration, for which the note offered in evidence was given. This evidence was excluded by the court. To the exclusion of which evidence, the defendant below excepted, and assigns its exclusion for error. The cause was heard before J. M. Wilson, Judge, without the intervention of a jury, at September term, A. D. 1855. Judgment was for plaintiff in the court…
1Opinion of the Court
Catón, J.
This was an action on a promissory note, by an assignee, to which the defendant filed a plea of the general issue. Under this plea the defendant, on the trial, offered to prove a failure of consideration, which the court ruled out, and which is the decision complained of.
The court decided óorrectly. The right to defend a promissory note for a want, or failure, or partial failure of consideration, is conferred by the 10th section of chapter 73, R. S., and that statute requires the defence to be pleaded. There is hardly a volume of our reports, in which cases are not found, where this…
2Cited by5 opinions
- Wilson v. KingIllinois Supreme Court · 1876
- Sheldon v. LewisIllinois Supreme Court · 1881
- Patterson v. GileSupreme Court of Colorado · 1870
- Dickinson v. Citizens National Bank of Franklin, IndianaAppellate Court of Illinois · 1897
- Columbia Heating Co. v. O'HalloranAppellate Court of Illinois · 1908