Gardner v. Russell

Appellee brought an action of assumpsit against appellants in the Superior Court of Cook county, on two promissory notes for $500 each, dated ¡November the 10th, 1873, one due June 10th, 1874, and the other on the 10th of August, 1874.

The defendants pleaded the general issue, and special pleas separately, averring breach of warranty and failure of consideration, and filed an affidavit of merits. Replications were filed to the special pleas, and defendants demurred, and the court overruled the demurrer, and the defendants asked leave to rejoin, but the court denied the motion.

It is urged, the…