Barkhausen v. Continental Illinois National Bank & Trust Co.

Supplemental Opinion on Rehearing

Niemeyer, Presiding Justice.

The Continental, as trustee, and the bondholders, justly complain that in their petition for rehearing plaintiffs violate the rules of this court and the well established laws of the State by arguing the case and raising and arguing points neither presented nor argued in the original briefs. We did not discuss in our original opinion a point suggested in a single paragraph of seven lines in plaintiffs’ original brief but argued extensively in their petition, namely plaintiffs’ right to show by parol evidence that it was not the…