Owens v. Sturges
Illinois Supreme Court
■ Appeal from the Circuit Court of Montgomery county; the Hon. Horatio M. Vandeveer, Judge, presiding.
1Opinion of the CourtJustice Walker
This was an action of assumpsit, brought by appellant, in the Montgomery circuit court, against appellees, on a promissory note executed by the latter to the former. Appellees pleaded the general issue, and two special pleas of failure of consideration.
The second special plea set up that the consideration for the note was the full price of a separator and horse-power, sold by appellant to appellees, and that when sold, the horsepower was warranted to be a ten-horse power, of the value of $200, and of sufficient power to operate the separator ; and it is averred that it was not a ten-horse…
2Cases cited1 opinion
- Doane v. DunhamIllinois Supreme Court · 1872
3Cited by14 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Kemp v. FreemanAppellate Court of Illinois · 1891
- American Fruit Product Co. v. Davenport Vinegar & Pickling WorksSupreme Court of Iowa · 1915
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
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