Morgan v. Fallenstein
Illinois Supreme Court
The record in this case shows that an action of assumpsit was brought in the Jackson Circuit Court, at May term, 1860, by the appellees against the appellants. The declaration counts first upon a promissory note for $886.55, with the usual money counts added.
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The record in this case shows that an action of assumpsit was brought in the Jackson Circuit Court, at May term, 1860, by the appellees against the appellants. The declaration counts first upon a promissory note for $886.55, with the usual money counts added. The defendants pleaded first the general issue, and secondly, a plea of partial failure of consideration to the first count; the second plea alleging that the “ sum of fifty-nine dollars was included in said note, and in consideration of the agreement and promise of the said plaintiff at the time of making said note, and…
1Opinion of the CourtCaton, C. J.
The second plea to which the court sustained a demurrer, presents precisely the same question that was decided in Hill v. Enders, 19 Ill. 163. It may be that, strictly speaking, the agreement to pay the money mentioned in the note at the time there stated, and the agreement not to enforce the payment of that amount till after the first of June, 1861, all being made at the same time, constituted but one agreement, only that part of it which is embodied in the note being reduced to writing, the rest being allowed to rest in parol, and that by the general rule of law, this latter part which was…
2Cases cited1 opinion
- Hill v. EndersIllinois Supreme Court · 1857
3Cited by3 opinions
- Ruff v. JarrettIllinois Supreme Court · 1880
- Newcomb v. NewcombAppellate Court of Illinois · 1926
- Combs v. BradshawAppellate Court of Illinois · 1880