Legal Opinion

McCarthy v. Neu

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 4 opinions

Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. In July, 1873, the appellees brought suit in assumpsit against the appellants, the declaration containing the common counts only, and the account filed therewith being for “balance due on contract, $4000,” and two other small items.

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Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. In July, 1873, the appellees brought suit in assumpsit against the appellants, the declaration containing the common counts only, and the account filed therewith being for “balance due on contract, $4000,” and two other small items. On October 11, 1873, the defendants filed two pleas,—1, General issue; 2, Set-off for money had and received, $6000. On November 6, 1873, leave was given to the plaintiffs, on motion, to amend the declaration by inserting the name of Agnes McCarthy therein. On October 14, 1874,…

1Opinion of the CourtJustice Sheldon

Eefusing leave to file the additional plea is assigned for error. Appellants’ counsel concede the general rule to be, that it is matter of discretion with the court to allow or refuse the application to file an additional plea, but claim that this case is to be excepted on account of the filing of the copy of the agreement on October 14, 1874.

It is a provision of the statute, that no person shall be permitted to deny on trial the execution of any instrument in writing, whether sealed or not, upon which any action may-have been brought, or which shall be pleaded or set up by way of defence or…

2Cases cited2 opinions

  1. Kankakee & Illinois River Railroad v. ChesterIllinois Supreme Court · 1871
  2. Griswold v. ShawIllinois Supreme Court · 1875

3Cited by4 opinions

  1. Lehman v. SiggemanAppellate Court of Illinois · 1891
  2. Orvis v. ColeAppellate Court of Illinois · 1884
  3. Bentley v. RossAppellate Court of Illinois · 1910
  4. Steinhoff v. Electric Light & Power Co. of CentraliaAppellate Court of Illinois · 1893

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