Crawford v. Burke
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP ILLINOIS. This was an action in trover instituted September 10, 1897, in the Circuit Court of Cook County, Illinois, by Burke against Crawford & Valentine, plaintiffs in error, to recover damages for the willful and fraudulent conversion of certain reversionary -interests of the plaintiff in 550 shares of Metropolitan Traction stock. There were ten counts in the declaration.
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ERROR TO THE SUPREME COURT OP THE STATE OP ILLINOIS. This was an action in trover instituted September 10, 1897, in the Circuit Court of Cook County, Illinois, by Burke against Crawford & Valentine, plaintiffs in error, to recover damages for the willful and fraudulent conversion of certain reversionary -interests of the plaintiff in 550 shares of Metropolitan Traction stock. There were ten counts in the declaration. In each of the first five counts it was alleged that the defendant •firm of Crawford & Valentine were stock brokers and dealers in investment securities; that plaintiff employed…
1Opinion of the CourtJustice Brown
A year after this case was put at issue, and upon the opening of the trial, defendants filed their separate pleas puis darrein continuance, setting up their discharge in bankruptcy, and averring that plaintiff’s claim was a provable debt, and the discharge a complete defense.
It is a well-settled principle of law, and was so held by the Supreme Court of Illinois in this case, that a plea puis darrein continuance waives all prior pleas, and amounts to an admission of the cause of the action set up in the plaintiff’s declaration. Mount v. Scholes, 120 Illinois, 394; East St. Louis v. Renshaw,…
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