Furness v. Williams
Illinois Supreme Court
This was an action of assumpsit, brought by Baker against Furness, in the Adams Circuit Court, upon a promissory note. payable to one Silas Ramsey, and by him endorsed to the plaintiff, and was tried at the October term, A. D. 1847, before Purple, Judge, without the intervention of a jury. The pleadings in the cause are quite voluminous, and such parts of them only will be recited as are necessary to present the merits of the case as decided by this Court.
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This was an action of assumpsit, brought by Baker against Furness, in the Adams Circuit Court, upon a promissory note. payable to one Silas Ramsey, and by him endorsed to the plaintiff, and was tried at the October term, A. D. 1847, before Purple, Judge, without the intervention of a jury. The pleadings in the cause are quite voluminous, and such parts of them only will be recited as are necessary to present the merits of the case as decided by this Court. The fifth and eighth pleas set up a failure of the consideration of the note declared upon, to which the plaintiff replied, and tendered…
1Opinion of the Court
Opinion by Treat, C. J.:
This record is very voluminous, and numerous errors are assigned upon it; but on a careful examination, it is found to present but three questions for the consideration of the Court.
First. It is insisted that the Court proceeded to render final judgment for the plaintiff, without first disposing of an issue of fact formed on the fifth and eighth pleas. At an early stage of the case, the plaintiff filed a special replication to these pleas, concluding to the country, but the record fails to show that the defendant ever added a similiter. That was necessary to complete…
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