O'Brian v. Fry
Illinois Supreme Court
Writ or Error to the Circuit Court of Jefferson county; the Hon. James M. Pollock, Judge, presiding. This was a bill, brought by Fry, to foreclose a mortgage given by plaintiffs in error to secure the payment of notes given by Henry O’Brian to Fry. The answer set up a failure, in whole or in part, of the consideration for which the notes were given, but does not deny the making of the notes and mortgage.
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Writ or Error to the Circuit Court of Jefferson county; the Hon. James M. Pollock, Judge, presiding. This was a bill, brought by Fry, to foreclose a mortgage given by plaintiffs in error to secure the payment of notes given by Henry O’Brian to Fry. The answer set up a failure, in whole or in part, of the consideration for which the notes were given, but does not deny the making of the notes and mortgage. Plaintiffs in error also filed a cross-bill, seeking to cancel the notes and mortgage upon the supposed facts set up in the answer. The cross-bill was answered, replications filed, and the…
1Opinion of the CourtJustice Dickey
It is insisted that the findings of the court are not supported by the proofs, and, in that connection, it is suggested that the testimony of one witness can not avail against the sworn answers of two defendants, equal (as suggested) to the direct testimony of four witnesses. This position can not be sustained. In so far as matter in a sworn answer is responsive to the bill, it must be held to be true, unless contradicted by two witnesses; but in so far as matter stated in an answer is new matter—about which the bill does not call for any answer, matter set np (not in denial of any allegation…
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