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3 Ill. 429

Hayes v. Gorham

Illinois Supreme Court

Decided December 15, 1840

Illinois Supreme Court · decided 1840-12-15

The defendants in error commenced an action of assumpsit, at the April term of the Circuit Court of Putnam county, 1839, against the plaintiff in error, as endorser of the following notes: “ $2000,00.

Decided 1840-12-15

Smith, Justice,

¶1delivered the opinion of the Court:

¶2We are of opinion that the Circuit Court erred in sustaining the demurrer of the plaintiffs to the second plea of the defendant.

¶3The facts set forth in the plea would be a good bar to the action, if proven, and consequently the plea should have been sustained.

¶4The Court, we think, erred in admitting the testimony of the witness, H. N. Schooler; he was interested in having a previous assignor sued, and the money collected of him, as that would discharge his liability.

¶5Let the judgment be reversed with costs, and the cause remanded for further proceedings.

¶6Judgment reversed.

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