Mann v. Smyser
Illinois Supreme Court
Appeal from the Circuit Court of Edgar county; the Hon. Oliver L. Davis, Judge, presiding. This was an action of assumpsit, brought by Lewis Smyser and John Milton, against Jacob H. Mann, upon a promissory note for $500. The facts of the case are stated in the opinion of the court.
1Opinion of the CourtJustice Breese
This was assumpsit, in the Edgar circuit court, on a promissory note, to which several pleas were pleaded, to some of which issues of fact were made up, and to others issues of law, which were determined in favor of the demurrants, and on which the questions made on this appeal arise.
Appellant contends that the third, fifth and seventh pleas by him pleaded, were proper pleas, averring a partial failure of the consideration of the note.
As the seventh plea is more precise than the others in the statement of facts, it is here copied from the record :
“And for a further plea in this behalf,…
2Cases cited2 opinions
- Gage v. LewisIllinois Supreme Court · 1873
- Hill v. EndersIllinois Supreme Court · 1857
3Cited by11 opinions
- Ruff v. JarrettIllinois Supreme Court · 1880
- Hypes v. GriffinIllinois Supreme Court · 1878
- Continental Illinois Nat. Bank & Trust Co. v. EhrhartCourt of Appeals for the Sixth Circuit · 1942
- First National Bank v. TrottAppellate Court of Illinois · 1925
- Harman v. HarmanCourt of Appeals for the Seventh Circuit · 1895
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