Aurora Trust & Savings Bank v. Whildin

On January 8, 1916, the Aurora Trust & Savings Bank recovered a judgment by confession against M. J. Whildin for $1,432 in the City; Court of Aurora upon a judgment note for the principal sum of $1,300, with interest at 6 per cent, per annum, dated January 23, 1911, signed by Francis H. James and M. J. Whildin, in which “I, we or either of us” made the promise and on which note there were various indorsements of interest paid. Thereafter, on motion of defendant, the judgment was opened with leave to plead and he filed a plea of the general issue, with notice of special matter in defense.…