Wasmuth v. Wright

<p>Abstract of the Decision.</p> <p>1. Municipal Court of Chicago, § 13*—when statement of claim in action on promissory note sufficient. In an action on a promissory note, it is unnecessary to set forth the consideration therefor in the statement of claim.</p> <p>2. Municipal Court of Chicago, § 13*—when statement of claim sets up cause of action on note only. A statement of claim setting up a promissory note given the plaintiff by the defendant and alleging that the parties had entered into settlement agreements whereby they had adjusted disputes arising out of certain prior agreements and that the note was one of several executed and delivered pursuant to the settlement agreements, held to state a cause of action based on the note only.</p> <p>3. Municipal Court of Chicago, § 13*—when affidavit of merits does not state legal defense to action on promissory note. To a statement of claim, based on a promissory note given the plaintiff by the defendant, alleging that the consideration for such note was the adjustment by settlement agreements of disputes growing out of prior agreements, an affidavit of merits admitting the execution and delivery of the note but claiming that the settlement agreements adjusted only such matters as were then in dispute, that no dispute had then arisen as to title to certain personal property which “it was understood” would be returned to the defendant, that he did not discover that such property had not been returned to him until after the execution of the settlement agreements but believed that it had been, setting up grounds by way of excuse for failure to make such discovery, claiming a total failure of consideration and offering to pay the balance due on said note upon the return of the property, held, not to state a legal defense.</p> <p>4. Wobds and phbaseS'—what is justice. Justice, as administered by the courts, is not something separate and apart from the legal or equitable principles on which it rests.</p>