Legal Opinion

Smith v. Bateman

Illinois Supreme Court

Decided September 15, 1875Published

Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding.

1Opinion of the CourtJustice Sheldon

This was an action of assumpsit, brought against Adam Smith and Pierson D. Smith, as co-partners, and guarantors of two promissory notes, under the firm name of Adam Smith & Son. An affidavit was attached to the declaration, stating the nature of the demand and the amount due. Defendants filed only a joint plea of the general issue, with the following affidavit attached:

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“Adam Smith, being duly sworn, says that he is one of the defendants in the above entitled cause; that he verily believes said defendants have a good defense to said cause upon its merits, to the whole of the…

2Cases cited2 opinions

  1. Whiting v. FullerIllinois Supreme Court · 1859
  2. Ruch v. JonesSupreme Court of Missouri · 1863

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