Pitts v. Magie
Illinois Supreme Court
November 18th, 1859, judgment was entered up by the clerk of the Superior Court, Chicago, ex parte, in favor of Leiter, on the following judgment note: $700. Chicago, October 25, 1858. Eight months after date, for value received, we jointly and severally promise to pay to the order of Cleveland and Russell, the sum of seven hundred dollars, with interest after due at ten per cent, per annum, payble at the office of Greenbaum Brothers, Chicago. REUBEN CLEVELAND.
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November 18th, 1859, judgment was entered up by the clerk of the Superior Court, Chicago, ex parte, in favor of Leiter, on the following judgment note: $700. Chicago, October 25, 1858. Eight months after date, for value received, we jointly and severally promise to pay to the order of Cleveland and Russell, the sum of seven hundred dollars, with interest after due at ten per cent, per annum, payble at the office of Greenbaum Brothers, Chicago. REUBEN CLEVELAND. J. K. RUSSELL. HIRAM A. PITTS. Also, on the same day, judgment was entered up ex parte, by said clerk in favor of Magie, against said…
1Opinion of the Court
Catón, C. J.
We think the court should have set aside these judgments, and allowed Pitts to set up the defense proposed in his affidavit. There is no question that the defense, if established before a jury, would be a good one, and the only question is, whether such a case was presented by the affidavits read on both sides, as should be submitted to the decision of a jury. The affidavits presented in support of the motions, are positive and unequivocal to the fact of the extension of the time of payment by the agent of the holders of the notes, and without the consent or knowledge of the…
2Cited by12 opinions
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