Williams v. Miami Powder Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Marion County; the Hon. Benjamin R. Burroughs, Judge, presiding. Appellee brought his action of assumpsit against appellants and the Salem Coal and Mining Co. on three promissory notes, one for $167.24 due in thirty days, one for $200 due in sixty days and one for $200 due in ninety days. The notes are of the same date and alike in form and manner of signing except as to the amounts and time of maturity.
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Appeal from the Circuit Court of Marion County; the Hon. Benjamin R. Burroughs, Judge, presiding. Appellee brought his action of assumpsit against appellants and the Salem Coal and Mining Co. on three promissory notes, one for $167.24 due in thirty days, one for $200 due in sixty days and one for $200 due in ninety days. The notes are of the same date and alike in form and manner of signing except as to the amounts and time of maturity. The first is as follows: “ Salem, Ills., September 7, 1888. “ $167.24. “ Thirty days after date we promise to pay to the order of Miami Powder Co. one hundred…
1Opinion of the CourtPhillips, J.
The special plea did not admit any fact averred in the declaration, but denied the material averments of that declaration. It therefore amounted to the general issue. The general issue was pleaded and issue joined thereon, and all the facts set up in the special plea, which were admissible in evidence, could be given in evidence under the general issue. It was not error to sustain the demurrer to the special plea. Manning v. Rixford, 44 Ill. 129. The affidavit of defendants being attached to the general issue, under the practice of this State it was a plea of general issue and non est factum,…
2Cases cited7 opinions
- Bickford v. First National BankIllinois Supreme Court · 1866
- Scanlan v. KeithIllinois Supreme Court · 1882
- Powers v. BriggsIllinois Supreme Court · 1875
- Hypes v. GriffinIllinois Supreme Court · 1878
- Stobie v. DillsIllinois Supreme Court · 1872
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3Cited by7 opinions
- Harris v. American General Finance Corp.Appellate Court of Illinois · 1977
- Hunt v. ListenbergerIndiana Court of Appeals · 1895
- Ridgely National Bank v. FairbankAppellate Court of Illinois · 1894
- Thompson v. HasselmanAppellate Court of Illinois · 1907
- Deerpath Investment, Inc. v. BarackAppellate Court of Illinois · 1983
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