Nichols v. Stewart
Illinois Supreme Court
This was an action of debt, commenced by Nichols against Stewart and Calbreath on a sealed note, dated Oct. 4th, 1856, for $500, payable by defendants, jointly and severally, six months after date, with interest at two per cent, monthly until paid. Plaintiff filed a declaration with a special and the common counts, but before any plea was put in, withdrew the common counts.
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This was an action of debt, commenced by Nichols against Stewart and Calbreath on a sealed note, dated Oct. 4th, 1856, for $500, payable by defendants, jointly and severally, six months after date, with interest at two per cent, monthly until paid. Plaintiff filed a declaration with a special and the common counts, but before any plea was put in, withdrew the common counts. Defendants filed a plea, to which a demurrer was sustained, and subsequently amended their plea so as to crave oyer and be a plea of usury, in the usual form. Plaintiff filed a demurrer to the amended plea, which was…
1Opinion of the CourtCaton, C. J.
This was an action of debt upon a sealed obligation for five hundred dollars, with a special and the common counts, which latter were withdrawn before the plea was filed. To the declaration containing only the special count the defendants filed a plea of usury. The introduction to this plea is as follows, “ and- the defendants, by French & Meyer, their attorneys, come and defend, etc., and crave oyer of the said writing obligatory in the first count of the plaintiff’s declaration, and it is read to them, * * * and for plea say, that before the making,” etc. The plea goes on to state that the…
2Cited by6 opinions
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- In re BeersMichigan Supreme Court · 1907
- Petterson v. BerryCourt of Appeals for the Ninth Circuit · 1903
- Emig v. MedleyAppellate Court of Illinois · 1897
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