Fisher v. National Bank of Commerce
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by the National Bank of Commerce of Chicago, against August Eisher, upon an indorsed promissory note.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, brought by the National Bank of Commerce of Chicago, against August Eisher, upon an indorsed promissory note. The defendant filed the general issue, and an affidavit of merits, as follows: “August Eisher, being duly sworn, deposes and says that he is the defendant in the above entitled cause, and that he verily believes that he has a good defense to said suit upon the merits.” The defendant also filed a plea alleging full payment of the note to the payee thereof, and…
1Opinion of the CourtJustice Scholfield
One of the rules of practice adopted by the Superior Court of Cook county, and claimed to be in force when the present cause was disposed of, is as follows:
“Ordered, that in any case ex contractu pending on an issue or issues of fact only, or only requiring the smviUter to be added, which is noticed for trial at any term, if the plaintiff, or an attorney or agent of the plaintiff, shall make an affidavit that he or she believes that the defense is made only for delay, the plaintiff, by giving the defendant’s attorney, or the defendant, if he or she do not appear by attorney, five days’…
2Cases cited1 opinion
- People ex rel. Ely v. RumseyIllinois Supreme Court · 1872
3Cited by11 opinions
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Harrison v. Rosehill Cemetery Co.Illinois Supreme Court · 1920
- Eberhart v. PageIllinois Supreme Court · 1878
- Kilian v. ClarkAppellate Court of Illinois · 1881
6 more not listed; retrieve them via the Exa API.