Bristow v. Lane
Illinois Supreme Court
The declaration in this case, which was demurred to, is as follows: Alexander T. Lane, etc., partners, trading and doing business under the name, style and firm of A. T. Lane <& Go., of Philadelphia, plaintiffs in this case, complain of Benjamin F. Bristow and Benjamin Newman, defendants in this case, summoned, etc., in a plea of assumpsit.
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The declaration in this case, which was demurred to, is as follows: Alexander T. Lane, etc., partners, trading and doing business under the name, style and firm of A. T. Lane <& Go., of Philadelphia, plaintiffs in this case, complain of Benjamin F. Bristow and Benjamin Newman, defendants in this case, summoned, etc., in a plea of assumpsit. For that, heretofore, to wit: on the 22nd day of March, A. D. 1857, at, to wit: at the county aforesaid, one Moses Olampit was indebted to the said plaintiffs in the sum of one hundred and ninety dollars, with interest thereupon from the sixth day of…
1Opinion of the CourtBreese, J.
This was a demurrer to a declaration containing two counts, not several to each, but to “ both counts.” The demurrer was overruled, and we think correctly, as there is no substantial objection to either count. But if the first count be ‘defective, the second is good, and the rule is well settled, that on a demurrer to a declaration containing more than one count, if one of them be good, the demurrer must be overruled. Young v. Campbell et al., 5 Gilm. R. 83 ; Walton v. Stephenson, 14 Ill. R. 77.
But it is objected that the declaration shows no cause of action in favor of the plaintiffs, as…
2Cases cited1 opinion
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
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- Searles v. City of FloraIllinois Supreme Court · 1906
- Chicago Title & Trust Co. v. Central Trust Co.Illinois Supreme Court · 1924
- Lawrence v. OglesbyIllinois Supreme Court · 1899
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