Bacon v. Schepflin
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. This is an action, commenced on March 21, 1895, by the appellants, doing business in New York, against the appellees, composing the firm of Schepflin, Schultz & Co., doing business in New Jersey, to recover the sum of $3464.73. The suit was begun in the superior court of Cook county by a writ of attachment, alleging, as the ground of attachment, the non-residence of appellees; and Henry W. King & Co. were served as…
1Opinion of the CourtJustice Magruder
First—This suit was brought before the claim sued upon was due; and the main question in the case is, whether the non-maturity of the claim at the time of the beginning of the suit can be proved as a defense to the suit under the plea of the general issue. The court below permitted such proof to be introduced, and, it appearing that the indebtedness sued upon had not matured at the beginning of the suit, the jury were instructed to find for the defendants. The contention of the appellants is, that the non-maturity of the debt sued for can only be pleaded in abatement, and not in bar.
No rule…
2Cases cited19 opinions
- Hamlin, Hale & Co. v. RaceIllinois Supreme Court · 1875
- Harlow v. BoswellIllinois Supreme Court · 1853
- Nickerson v. BabcockIllinois Supreme Court · 1863
- Archibald v. ArgallIllinois Supreme Court · 1870
- Erskine v. De la BaumTexas Supreme Court · 1848
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Stitzel v. MillerIllinois Supreme Court · 1911
- Cape Charles Flying Service, Inc. v. NottinghamSupreme Court of Virginia · 1948
- Kelly v. GalbraithIllinois Supreme Court · 1900
- La Salle National Bank, Not Personally but as Trustee, Under Trust No. 17365 and Aaron B. Weiner v. 222 East Chestnut Street CorporationCourt of Appeals for the Seventh Circuit · 1959
- Dempsey v. LangtonMichigan Supreme Court · 1934
23 more not listed; retrieve them via the Exa API.