Commercial State Bank v. Judy

Mr. Presiding Justice Creighton

delivered the opinion of the court.

This was a suit in assumpsit, in the Circuit Court- of Lawrence county, by plaintiff in error against defendant- in error, to recover upon a promissory note for the sum of $50, payable twelve months after date, to the order of H. Janss, executed by defendant in error.

The declaration was in the usual form of declaration by an indorsee against the maker of a negotiable promissory note.

To the declaration .defendant in error pleaded as follows: “* * * The defendant says actios non, because he says that in the procuring of the…