Legal Opinion

Taft v. Myerscough

Appellate Court of Illinois

Decided December 20, 1900PublishedCited by 3 opinions

Assumpsit, on a promissory note. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard in this court at the March term, 1900.

1Opinion of the CourtJustice Sears

The chief and decisive question presented by this appeal is as to whether the court erred in peremptorily directing a verdict for appellee, or, in other words, whether the evidence presented by appellant under his special plea constituted defense to this action.

What would be the effect of the facts pleaded by the special plea if they were established by the evidence ? Our statute regulating defenses to negotiable instruments, partly declaratory of the common law and partly creative of new defenses not recognized at common law, permits defense to such instruments upon the following grounds: A…

2Cases cited16 opinions

  1. Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
  2. Wadhams v. SwanIllinois Supreme Court · 1884
  3. Shipley v. CarrollIllinois Supreme Court · 1867
  4. Bemis v. HornerIllinois Supreme Court · 1896
  5. Parks v. HolmesIllinois Supreme Court · 1859

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3Cited by3 opinions

  1. Zebold v. HurstSupreme Court of Oklahoma · 1917
  2. Cartinhour v. WhiteAppellate Court of Illinois · 1910
  3. Holmes v. HornAppellate Court of Illinois · 1905

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