Ward v. Schafer

This is an appeal of the defendants from a judgment on a directed verdict for the plaintiff in an action of assumpsit. The declaration consisted of a special count on a promissory note of the defendants payable to the order of the plaintiff, and the common counts, and with the declaration was filed a copy of the note on which the action was brought. The only plea was non assumpsit. On this state of the pleadings the defendants could not question the consideration of the note. Dickinson v. Citizens National Bank, 70 Ill. App. 405, and cases there cited.

The evidence offered by defendants showed…