Wilson v. King
Illinois Supreme Court
Appeal from the Circuit Court of McHenry county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, by Henry W. King against Grttv Wilson and Isaac B. Stevens, upon four promissory notes, given by the defendants to Henry W. King & Co., and by them assigned to Henry W. King. The defendants pleaded pleas of partial failure of consideration to the special counts, and non assumpsit to the whole declaration.
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Appeal from the Circuit Court of McHenry county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of assumpsit, by Henry W. King against Grttv Wilson and Isaac B. Stevens, upon four promissory notes, given by the defendants to Henry W. King & Co., and by them assigned to Henry W. King. The defendants pleaded pleas of partial failure of consideration to the special counts, and non assumpsit to the whole declaration. The other material facts are stated with sufficient fullness in the opinion of the court. The plaintiff recovered judgment and defendants appealed.
1Opinion of the CourtJustice Walker
It is first urged, that the court below erred in refusing to grant a continuance of the cause. The affidavit in support of the motion states that appellants’ co-defendant, Stevens, was absent; that he had been, “ever since about the first of the preceding September, physically and mentally so incapacitated as to render it impossible to' take his deposition, and is now so ill as to be unable to attend at this term of the court.” The affidavit states: “ That from the nature of Stevens’ illness, epilepsy, which gives him intervals of mental and bodily relief he expects to be able to obtain his…
2Cases cited2 opinions
- Rose v. MortimerIllinois Supreme Court · 1856
- Keith v. MafitIllinois Supreme Court · 1865
3Cited by18 opinions
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- American Central Insurance v. Birds Building & Loan Ass'nAppellate Court of Illinois · 1899
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