Maginn v. Levy

Decided May 14, 1918

Appellate Court of Illinois · decided 1918-05-14

Abstract of the Decision. 1. Pleading, § 395* — what is effect of verified plea of non est factum. In an action upon a written contract, a verified plea of non est factum denying the execution of the instrument places upon the plaintiff the burden of proving its due execution as at common law. 2. Contracts, § 385* — when execution of contract not shown. In an action upon a written contract where defendant interposed a verified plea of non est factum, evidence held insufficient to sustain plaintiff’s burden of proving the execution by defendant of the instrument sued on.

Reversed and remanded · Decided 1918-05-14

Mr. Justice Matchett

¶1delivered the opinion of the court.

Abstract of the Decision.1. Pleading, § 395* — what is effect of verified plea of non est factum. In an action upon a written contract, a verified plea of non est factum denying the execution of the instrument places upon the plaintiff the burden of proving its due execution as at common law.2. Contracts, § 385* — when execution of contract not shown. In an action upon a written contract where defendant interposed a verified plea of non est factum, evidence held insufficient to sustain plaintiff’s burden of proving the execution by defendant of the instrument sued on.