Messmore v. Larson
Illinois Supreme Court
Appeal from the Circuit Court of Knox County; the Hon. Arthur A. Smith, Judge, presiding. - This was an action of assumpsit, brought by Severt Larson against Samuel Kail and William Messmore, upon a due-bill, in which the last named defendant was security. The defendant Messmore filed the general issue, with notice of two special grounds of defense—set-off and a release from the jilaintiff.
Read the full summary
Appeal from the Circuit Court of Knox County; the Hon. Arthur A. Smith, Judge, presiding. - This was an action of assumpsit, brought by Severt Larson against Samuel Kail and William Messmore, upon a due-bill, in which the last named defendant was security. The defendant Messmore filed the general issue, with notice of two special grounds of defense—set-off and a release from the jilaintiff. The set-off was of two notes given by the plaintiff to the defendant Kail, for the purchase of eighty acres of land, to which the title had- failed. The plaintiff paid $600 down on his purchase, and gave…
1Opinion of the CourtJustice Scott
With his plea of the general issue defendant gave notice-of two distinct defenses to the note or due-bill — first, set off; and, second, release—neither of which he succeeded in maintaining before the jury to whom the cause was submitted. On February 17, 1865, plaintiff bought of Kail a tract of land, paying in cash $600, and gave his four promissoiy notes, payable in one, two, thx-ee, and four year’s, each for the sum.of $300, for the x-esidue of the pui’chasemoney. When the fix’st xxote became due, plaintiff paid a part of it. The title to the land became involved in litigatioxx. It was for…
2Cited by2 opinions
- Pratt v. DavisAppellate Court of Illinois · 1905
- Chandler v. SmithAppellate Court of Illinois · 1897