Slack v. McLagan
Illinois Supreme Court
This was an action of debt commenced by the defendant in error against the plaintiff in error, on three promissory notes, in the Fulton Circuit Court, on the 5th of February, 1850. The declaration contained nine special counts and the usual common counts. A general demurrer was sustained to the 3d and 6th counts, and was overruled to the 9th count.
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This was an action of debt commenced by the defendant in error against the plaintiff in error, on three promissory notes, in the Fulton Circuit Court, on the 5th of February, 1850. The declaration contained nine special counts and the usual common counts. A general demurrer was sustained to the 3d and 6th counts, and was overruled to the 9th count. The defendant pleaded non est factum to the first, second, fourth, fifth, seventh, and eighth counts, and offset to the same, with the addition of the ninth and common counts. The defendant also pleaded eight special pleas, numbered from nine to…
1Opinion of the CourtScates, J.
The declaration contained nine special counts on written obligations, with the common counts.
To these, there were sixteen pleas. Several demurrers were sustained to the 9th, 10th, 11th, 13th, 14th, and 15th special pleas; and the first question we notice, arises upon these demurrers.
The demurrers to the 11th and 13th pleas, should have been-overruled. The eleventh sets up a sufficient defence. Defendants conveyed a tract of land, which was the consideration of the obligations sued on, with covenant of warranty against all persons. A breach of this covenant is the defence set up. It shows that…
2Cited by13 opinions
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