Parks v. Holmes
Illinois Supreme Court
This was an action of assumpsit, brought upon a promissory note, by Holmes against Parks, in the La Salle County Court. The declaration contained two counts. The first count alleges that the defendant on, to wit, the 28th day of October, 1857, made his note in writing, by the name of B. Gr. Parks, pr.
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This was an action of assumpsit, brought upon a promissory note, by Holmes against Parks, in the La Salle County Court. The declaration contained two counts. The first count alleges that the defendant on, to wit, the 28th day of October, 1857, made his note in writing, by the name of B. Gr. Parks, pr. M. Burns, and delivered the same to William Hochshied and Joseph Schmahl, and then and there promised the said William Hochshied and Joseph Schmahl, by the name of Hochshied & Schmahl, the sum of $200, for value received, ninety days after date; and that said William Hochshied and Joseph…
1Opinion of the CourtWalker, J.
The assignment of errors questions the correctness of the decision of the court below, in sustaining a demurrer to appellant’s third plea. It was to the first count, and was intended as a plea of failure of consideration. It alleged that the sole and only consideration of the promissory note declared on, was work and labor performed by Hochshied and Schmahl before the giving of the note, for the defendant, in and about certain masonry which they had contracted to do for the defendant, and that the work was performed in so unskillful and unworkmanlike a manner that the same became and was…
2Cited by12 opinions
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