Matthiessen v. Duntley

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Conrad H. Matthiessen brought suit against William 0. Duntley on a promissory note for $25,000 dated December 2, 1914, due 5 years after date, with interest at the rate of 6 per cent per annum, payable annually. The defendant’s affidavit of merits was stricken on account of its insufficiency as a matter of law. He elected to stand by his affidavit of merits and judgment was thereupon entered against him for the amount of plaintiff’s claim, $28,125, to reverse which this writ of error is prosecuted.

Plaintiff in his amended…