H. Bailey & Co. v. Valley National Bank
Appellate Court of Illinois
Appeal from the Circuit Court of Kankakee County. Statement by Welch, J. Tliis was an action of assumpsit brought by the appellees against the appellants on the 29th of August, 1885, upon two promissory notes; one for the sum of §450 purporting to be executed by the appellants payable to O. H. Queal, and by him assigned to the appellees ; the other for the sum of §1,500 purporting to be executed by the appellants payable to Kate E. Queal and H. S. Towle, adm’rs, etc., by…
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Appeal from the Circuit Court of Kankakee County. Statement by Welch, J. Tliis was an action of assumpsit brought by the appellees against the appellants on the 29th of August, 1885, upon two promissory notes; one for the sum of §450 purporting to be executed by the appellants payable to O. H. Queal, and by him assigned to the appellees ; the other for the sum of §1,500 purporting to be executed by the appellants payable to Kate E. Queal and H. S. Towle, adm’rs, etc., by them assigned to John H. Queal, and by him, under the name and style of J. H. Queal & Company, indorsed to the appellees.…
1Opinion of the CourtWelch, J.
In view of the numerous errors assigned we have deemed it iimportant to set out each step taken in the case with particularity as to time. The first point insisted on by counsel for appellant is that the court erred in striking notice of set-off from the files. Under section 28 of the Practice Act “ The defendant may plead as many matters of fact in several pleas as he may deem necessary to his defense, or may plead the general issue and give notice in writing under file-name of the special matters intended to be relied on for a defense on the trial.”
Section 29th of Act, supra: “ The…
2Cases cited11 opinions
- City of Chicago v. GageIllinois Supreme Court · 1880
- Shipley v. CarrollIllinois Supreme Court · 1867
- Burgwin v. BabcockIllinois Supreme Court · 1849
- Hunt v. WeirIllinois Supreme Court · 1862
- Poleman v. JohnsonIllinois Supreme Court · 1876
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3Cited by1 opinion
- Rodesch v. EsteyAppellate Court of Illinois · 1897