Riedle v. Mulhausen
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action in assumpsit to recover against plaintiff in error on five promissory notes made by him payable to defendant in error.
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Error to the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was an action in assumpsit to recover against plaintiff in error on five promissory notes made by him payable to defendant in error. Plaintiff in error filed several pleas, three of which of said pleas set up, in substanee, that said notes were made and delivered in pursuance of a fraudulent and unlawful agreement made between defendant and plaintiff on October 22, 1873, by which it was agreed that plaintiff should convey to the defendant, certain real estate in Cook county, for the pretended…
1Opinion of the CourtMoran, J.
The defendant by his pleas set up that the notes sued on were given as part of a scheme to hinder, delay and defraud the creditors of the plaintiff, and the only consideration thereof was the conveyance of real estate to him by plaintiff in pursuance of such fraudulent purpose. By his own testimony the defendant furnished evidence competent to be considered by the jury in support of the allegations of the pleas.
By refusing defendant’s instructions and giving the one requested by plaintiff, and the one drawn by the court, defendant’s evidence in support of the issue made by him was practically…
2Cases cited16 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- City of Chicago v. ScholtenIllinois Supreme Court · 1874
- County of Cook v. HarmsIllinois Supreme Court · 1883
- Miller v. MarckleIllinois Supreme Court · 1859
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3Cited by7 opinions
- Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901
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- Alexander v. MandevilleAppellate Court of Illinois · 1889
- Kassing v. DurandAppellate Court of Illinois · 1891
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