Watts v. Parker
Illinois Supreme Court
On 17th October, 1861, Parker sued Watts in assumpsit, in the Brown Circuit Court. The declaration is upon a promissory note for $650, dated Mount Sterling, June 1st, 1860, due fifteen months after date, payable to Sidney Parker, with six per cent, interest from September 1,1860, and ten per cent, after maturity if not paid when due. The declaration is in the usual form, with two special counts and.the money counts.
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On 17th October, 1861, Parker sued Watts in assumpsit, in the Brown Circuit Court. The declaration is upon a promissory note for $650, dated Mount Sterling, June 1st, 1860, due fifteen months after date, payable to Sidney Parker, with six per cent, interest from September 1,1860, and ten per cent, after maturity if not paid when due. The declaration is in the usual form, with two special counts and.the money counts. Defendant below, Watts, filed the general issue, to which the similiter was added. At same term, Watts also filed his other plea, which is set forth in the opinion of the Court,…
1Opinion of the CourtBreese, J.
The question is not presented by this record, whether a maker of a note as part payment of the consideration money for land conveyed by deed to him, with covenant of warranty, and he put in possession, can plead, as a defense to the note, before an eviction, a failure of consideration, either total or partial, on the ground of want of title. The case assumes no such aspect. There was no demurrei to the pleas, but an issue in fact was made up on the plaintiff’s first replication to the defendant’s second plea, which is as follows:
“ That the note in controversy was given as part of the…
2Cases cited2 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Hinchman v. WhetstoneIllinois Supreme Court · 1859
3Cited by7 opinions
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Kruse v. WilsonIllinois Supreme Court · 1875
- Dickenson v. BreedenIllinois Supreme Court · 1863
- Kendrick v. LathamSupreme Court of Florida · 1889
- Avent v. . ArringtonSupreme Court of North Carolina · 1890
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