May v. May
Appellate Court of Illinois
In error to the Circuit Court of Lawrence County; the Hon. Wm. C. Jones, Judge, presiding. This suit was brought to recover the amount due on three notes for §3,400 each, bearing date August 7, 1885, payable respectively in two, three and four years with six per cent interest, made and delivered by defendant to his father, plaintiff’s intestate. The defenses were the general issue, statute of limitations, set-off, payment.
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In error to the Circuit Court of Lawrence County; the Hon. Wm. C. Jones, Judge, presiding. This suit was brought to recover the amount due on three notes for §3,400 each, bearing date August 7, 1885, payable respectively in two, three and four years with six per cent interest, made and delivered by defendant to his father, plaintiff’s intestate. The defenses were the general issue, statute of limitations, set-off, payment. Plea, that intestate in his lifetime, on March 1, 1887, in consideration of natural love and affection, released and discharged defendant; and, lastly, a plea averring that…
1Opinion of the CourtGreen, J.
We have reproduced in the foregoing statement all the material evidence introduced on behalf of defendant, and it will be at once apparent that it fails to sustain either of the defenses set up. It appears the notes sued on were made and delivered by defendant to plaintiff’s intestate for a valuable consideration. Also that the suit was not barred by the statute of limitations pleaded. And there is no evidence of the payment of the whole or any part of the said notes. It can not be claimed the release of the defendant from the payment of the notes or stock of goods was given as an…
2Cases cited8 opinions
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- Williams v. ForbesIllinois Supreme Court · 1885
- Blanchard v. WilliamsonIllinois Supreme Court · 1873
- Fanning v. RussellIllinois Supreme Court · 1880
- Weaver v. FriesIllinois Supreme Court · 1877
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3Cited by2 opinions
- Forbes v. Fort Lauderdale Mercantile Co.Supreme Court of Florida · 1922
- Anderson v. Julia K.Supreme Court of Florida · 1932