Vining v. Leeman
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county; the Son. ChAkles E. Stake, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, upon three promissory notes given for the purchase money of land. The defendant filed a plea of non assumpsit, and three special pleas of failure of consideration. A demurrer was interposed to the special pleas, and sustained by the court.
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Appeal from the Circuit Court of Iroquois county; the Son. ChAkles E. Stake, Judge, presiding. This was an action of assumpsit, brought by the appellee against the appellant, upon three promissory notes given for the purchase money of land. The defendant filed a plea of non assumpsit, and three special pleas of failure of consideration. A demurrer was interposed to the special pleas, and sustained by the court. A trial was had, which resulted in a verdict for the plaintiff for $2,687.80. A motion for a new trial was overruled and judgment rendered upon the verdict. The case was brought to…
1Opinion of the CourtJustice Lawrence
This was an action on certain promissory notes. The defendant pleaded the general issue, and three special pleas. The plaintiff demurred to the special pleas, and the demurrer was sustained. The only question presented by the record, is the ruling of the Circuit Court on the demurrer.
The first plea avers, that, on the 27th of November, 1865, the parties entered. into a contract, by which it was agreed if Vining, the defendant in the court below, should, on the 5th of April, 1866, pay Leeman, the plaintiff, the sum of $1,000, and should give, at the same time, his three promissory notes — one…
2Cases cited2 opinions
- Willets v. BurgessIllinois Supreme Court · 1864
- Slack v. McLaganIllinois Supreme Court · 1853
3Cited by8 opinions
- People v. SissonIllinois Supreme Court · 1881
- Laforge v. MathewsIllinois Supreme Court · 1873
- Whitlock v. DenlingerIllinois Supreme Court · 1871
- Cheney v. City National Bank of ChicagoIllinois Supreme Court · 1875
- O'Hara v. O'BrienAppellate Court of Illinois · 1879
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