Schuchmann v. Knoebel
Illinois Supreme Court
This was action of debt, brought by Knoebel, executor, etc., upon a promissory note under seal, made by Schuchmann, dated February 24, 1858, for $2,200, payable to Wm. C. Kinney two years after date, with interest, etc.
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This was action of debt, brought by Knoebel, executor, etc., upon a promissory note under seal, made by Schuchmann, dated February 24, 1858, for $2,200, payable to Wm. C. Kinney two years after date, with interest, etc. To this declaration Schuchmann pleaded, First, As to part of the consideration of the writing obligatory sued on, that before and at the time of making the same, Kinney sold and conveyed to Schuchmann, by deed in fee simple, certain lands in said- county therein described, and in and by said deed covenanted, among other things, that said land was free from all incumbrances.…
1Opinion of the CourtBreese, J.
It is not, we conceive, a necessary subject of inquiry here, whether or not the defense set up by the first and third pleas, to which the demurrer was sustained, was permitted at common law. The decisions of the common law 'courts are not uniform on the point, and a resort to them seems to be unnecessary, inasmuch as our statute allows the defense. The tenth section is in these words: “ In any action commenced, or which may hereafter be commenced in any court of law in this State, upon any note, bond, bill or other instrument in writing for’ the payment of money or property, or the…
2Cases cited1 opinion
- Babcock v. TriceIllinois Supreme Court · 1857
3Cited by5 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Dunlap v. PeirceIllinois Supreme Court · 1929
- White v. SutherlandIllinois Supreme Court · 1872
- Baker v. FawcettAppellate Court of Illinois · 1896
- Bechtel v. MarshallIllinois Supreme Court · 1918