Borchsenius v. Canutson
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Josiah McRobebts, Judge, presiding.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Josiah McRobebts, Judge, presiding. It appears from the record, that in vacation, after the October term of the circuit court of LaSalle county, there was entered on cognovit, under the ordinary warrant of attorney, a judgment against Charles J. Borchsenius, in favor of Anna Irgens, upon a promissory note made by the latter to the former on February 29, 1876, for $850, payable one day after date, with ten per cent interest. At the January term, 1877, of…
1Opinion of the CourtJustice Sheldon
The principal question arising on this record is upon the third replication to the two pleas of set-off, whether it was a sufficient answer to the pleas, in avoidance of them. The pleas themselves had been previously adjudged to be sufficient by the court, on demurrer to them, and the only question was whether the replication sufficiently answered the pleas.
It is urged that the matter of the replication was an estoppel upon the defendant against setting up the matters of set-off alleged in ..the pleas. Were the judgment which was entered on the cognovit still subsisting, it is easily…
2Cases cited5 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Clifford v. LuhringIllinois Supreme Court · 1873
- Wilson v. BevansIllinois Supreme Court · 1871
- Meyer v. HartmanIllinois Supreme Court · 1874
- Gross v. WearyIllinois Supreme Court · 1878
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- Plano Manufacturing Co. v. BurrowsSupreme Court of Kansas · 1888
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