Walters v. Smith
Illinois Supreme Court
This was an action of assumpsit in the court below, brought by the appellee against the appellant, upon an assigned promissory note, of which the following is a copy: “ $1,300. On or before the 25th day of December, 1859,1 promise to pay S. IT. Fullenwider, or bearer, the sum of thirteen hundred dollars, for value received. Sept. 30th, 1857. G. B. WALTERS.” Indorsed—“ S. IT. Fullenwider.” Defendant plead non-assumpsit, and gave notice of special matter in defense.
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This was an action of assumpsit in the court below, brought by the appellee against the appellant, upon an assigned promissory note, of which the following is a copy: “ $1,300. On or before the 25th day of December, 1859,1 promise to pay S. IT. Fullenwider, or bearer, the sum of thirteen hundred dollars, for value received. Sept. 30th, 1857. G. B. WALTERS.” Indorsed—“ S. IT. Fullenwider.” Defendant plead non-assumpsit, and gave notice of special matter in defense. The notice of special matter was in substance as follows : That defendant would prove, upon the trial of the cause, that the note…
1Opinion of the CourtCaton, C. J.
The first and only question of any difficulty in this case is, whether the first notice is sufficient to constitute a defense, if proved. It shows that the several creditors of Fullenwider met him by appointment, of whom the plaintiff and defendant were two, and in pursuance of an arrangement then agreed to by all, Walters gave his notes for the amounts of the several debts of the creditors present, as an evidence of the amounts due them from Fullenwider. That this note is one of those then given for the supposed amount due from Fullenwider to Smith.. The notice further shows that it was…
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