Dow v. Higgins
Appellate Court of Illinois
Assumpsit, on a promissory note. Error to the Circuit Court of Cook County. The Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1897. Reversed but not remanded. Opinion filed December 16, 1897.
1Opinion of the CourtJustice Sears
This is a suit upon promissory notes, given by plaintiff in error to one Holzapfel and by him transferred to defendant in error for value and before maturity.
The defense interposed was that the notes were given in settlement of a gambling transaction, prohibited by statute, and hence are void.
Defendant in error replied, denying this, and also by his second replication pleaded estoppel in pais by reason of a statement in writing, made by plaintiff in error, upon which it is alleged that defendant in error relied at the time of purchasing the notes.
The evidence shows conclusively that the notes…
2Cases cited7 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Durkee v. People ex rel. AskrenIllinois Supreme Court · 1895
- Stratton v. Central City Horse Railway Co.Illinois Supreme Court · 1880
- Jaqua v. MontgomeryIndiana Supreme Court · 1870
- Ottawa, Oswego & Fox River Valley Railroad v. McMathAppellate Court of Illinois · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Security Holding Co. v. ChristensenSouth Dakota Supreme Court · 1928