Mitchell v. McCabe
Ohio Supreme Court
This is a writ of error from the county of Preble. The original action is assumpsit, and the declaration contains a count upon a promissory note, and the common counts for work and labor, goods sold, money had and received, money lent, etc. To this declaration the defendant pleaded the general issue and three special pleas in bar. Upon the first plea the plaintiff joined issue, and demurred specially to the three special'pleas.
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This is a writ of error from the county of Preble. The original action is assumpsit, and the declaration contains a count upon a promissory note, and the common counts for work and labor, goods sold, money had and received, money lent, etc. To this declaration the defendant pleaded the general issue and three special pleas in bar. Upon the first plea the plaintiff joined issue, and demurred specially to the three special'pleas. On hearing, the court of common pleas overruled this demurrer, and the plaintiff got leave to reply, which was done, *and the [406 several issues joined submitted to-a…
1Opinion of the CourtHitchcock, J.
Elaborate arguments have been presented in this case as to the correctness of the decision of the court of common pleas in overruling the demurrer to the special pleas in bar. The object of those pleas was to impeach in whole or in part, the consideration of the contract in suit, and if it were necessary for us to pass upon their sufficiency, questions of much intricacy and difficulty might be involved. Where there is an entire failure of the consideration of a promissory note, there can be no doubt that as between the original parties to the contract, this failure would constitute a good…
2Cited by2 opinions
- MONTES v. STATE ex rel. OKLAHOMA DEPT. OF HUMAN SERVICESCourt of Civil Appeals of Oklahoma · 2019
- Opinion No., Oklahoma Attorney General Reports1982