Harvey v. Ellithorpe
Illinois Supreme Court
Plaintiff filed a declaration in assumpsit, with one special count, on a note given to John C. Wilson or order, for one hundred and eighty dollars, dated April 8th, 1857, due two years after date, and by Wilson assigned to plaintiff, with the common counts for work, etc., for money had, etc.
Read the full summary
Plaintiff filed a declaration in assumpsit, with one special count, on a note given to John C. Wilson or order, for one hundred and eighty dollars, dated April 8th, 1857, due two years after date, and by Wilson assigned to plaintiff, with the common counts for work, etc., for money had, etc. The defendant filed several pleas. 1st, General issue. 2nd, That the note mentioned in declaration was given to one John C. Wilson for illegal interest, over and above ten per cent, per annum, for the loan of money, which was the only consideration of the note, and so defendant avers that the note was…
1Opinion of the CourtBreese, J.
We do not deem either of the errors assigned on this record as well taken. The plea of the general issue having been withdrawn by leave of the court, there remained only an affirmative plea, throwing the burden of proof on the defendant, and necessarily giving him the opening and conclusion before the jury. This is the uniform practice, and is consonant to sound principle. He who affirms a fact, is bound to prove it— he is the actor, and entitled to all the privileges of that position.
Wilson was the payee and assignor of the note sued on. Usury was set up as a defense. Our statute providing…
2Cited by5 opinions
- Carpenter v. First National BankIllinois Supreme Court · 1887
- Gardner v. MeekerIllinois Supreme Court · 1897
- Chicago, Burlington & Quincy Railroad v. BryanIllinois Supreme Court · 1878
- Kells v. DavisIllinois Supreme Court · 1870
- Nagle v. SchnadtAppellate Court of Illinois · 1907