Belden v. Church
Appellate Court of Illinois
Appeal from the Circuit Court of Monroe County; the Hon. George W. Wall, Judge, presiding. This suit was brought upon a promissory note for $900, dated December 27, 1884, due on September 1, 1885, and payable to the Hoover, Owens & Bentchler Company, with eight per cent, interest after maturity, and assigned by the payee to the plaintiff below and appelant here.
Read the full summary
Appeal from the Circuit Court of Monroe County; the Hon. George W. Wall, Judge, presiding. This suit was brought upon a promissory note for $900, dated December 27, 1884, due on September 1, 1885, and payable to the Hoover, Owens & Bentchler Company, with eight per cent, interest after maturity, and assigned by the payee to the plaintiff below and appelant here. A trial was had upon the pleas of set-off and total failure of consideration, the general issue having been withdrawn, and a verdict was rendered in favor of the defendant below, and the court overruling a motion for a new trial,…
1Opinion of the CourtPillsbury, J.
The real contest in this case arose upon the issue made by the plea of total failure of consideration. That plea in substance set up as a defense that the note was given for a traction engine which was warranted, and a breach of the warranty in that the engine was worthless, and that the plaintiff took the note for the purpose of depriving the defendant of such defense, having notice of the consideration and of the defense to be made. We have carefully examined the evidence contained in the record and are clearly of the opinion that it fails to show a total failure of consideration.
The…
2Cases cited1 opinion
- Wadhams v. SwanIllinois Supreme Court · 1884
3Cited by5 opinions
- Chicago Trust & Savings Bank v. LandfieldAppellate Court of Illinois · 1898
- Taft v. MyerscoughAppellate Court of Illinois · 1900
- Day v. MilliganAppellate Court of Illinois · 1897
- Farmers State Bank & Trust Co. v. ParrAppellate Court of Illinois · 1924
- Barber v. McHenry County Hedge Fence Co.Appellate Court of Illinois · 1906