Owings v. Thompson
Illinois Supreme Court
This cause was heard in the Court below, at the August term, 1842, before the Hon. Sidney Breese and a jury. The declaration is in debt, and contains eight counts, founded ■upon four writings obligatory; the four first counts treating the instruments as specialties, the other four as simple contracts. The first plea sets forth that- no good or valuable consideration was given, and extends to the first and second counts.
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This cause was heard in the Court below, at the August term, 1842, before the Hon. Sidney Breese and a jury. The declaration is in debt, and contains eight counts, founded ■upon four writings obligatory; the four first counts treating the instruments as specialties, the other four as simple contracts. The first plea sets forth that- no good or valuable consideration was given, and extends to the first and second counts. The second plea extends to the first and second counts, and sets up a failure of consideration in this,, that the writings in said counts were given for the purchase of…
1Opinion of the CourtCaton, Justice
All of the errors assigned in this case, except the last, present precisely the same question, which arises on the decision of the Court below in sustaining the demurrer to the second, third, fifth, and sixth pleas, and will consequently be considered together. The second and fifth pleas show that the notes, which they attempt to answer, were given for the purchase of land, sold by the plaintiffs, as commissioners appointed by the Court to make the sale, and that at the time of the sale, the plaintiffs represented that those for whom they acted had a good title to the land, and that before…
2Cited by3 opinions
- O'Sullivan v. GriffithCalifornia Supreme Court · 1908
- Norton v. Stroud State BankSupreme Court of Oklahoma · 1906
- Pilcher v. BlairAppellate Court of Illinois · 1924