Legal Opinion

Taylor v. Weir

Appellate Court of Illinois

Decided March 7, 1896PublishedCited by 1 opinion

Assumpsit.—Common counts. Appeal from the Circuit Court of St. Clair County; the Hon. Alonzo S. Wilderman, Judge, presiding. Heard in this court at the August term, 1895.

1Opinion of the CourtJustice Scofield

The question presented for consideration arises from the action of the court in overruling the demurrer to the third and fifth replications to appellant’s plea of set-off. Appellant undertook to set off certain unmatured certificates of deposit in an action by appellee, and the court held that a party sued by an assignee under the voluntary assignment law, for moneys due the assignor at the time of the assignment, can not set off against the plaintiff’s demand a claim not due by its terms at the time of the assignment. But it is argued that the statute matures all claims against the insolvent…

2Cases cited10 opinions

  1. Fera v. . WickhamNew York Court of Appeals · 1892
  2. Martin v. . KunzmullerNew York Court of Appeals · 1867
  3. Newhall v. TurneyIllinois Supreme Court · 1853
  4. Lockwood v. BeckwithMichigan Supreme Court · 1858
  5. Oatman v. Batavian BankWisconsin Supreme Court · 1890

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3Cited by1 opinion

  1. Streeter v. JunkerAppellate Court of Illinois · 1923

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