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4 Ill. 237

Wagy v. Lane

Illinois Supreme Court

Decided December 15, 1841

Illinois Supreme Court · decided 1841-12-15

This was an action by petition and summons, brought in the Adams Circuit Court, by Lane against Wagy, upon a promissory note. The declaration is in the usual form. The defendant filed three pleas.

Decided 1841-12-15

Smith, Justice,

¶1delivered the opinion of the (old) Court:

¶2The error assigned in this cash, questions the corrections of the decision of the Circuit Court, in sustaining the demurrer to the three several pleas of the defendant, of want of consideration and failure of consideration. The pleas are considered to be materially defective, in not stating intelligibly the contract upon which it is alleged the consideration of the note stated in the pleadings was founded. This omission is alike applicable to each of the pleas. The pleas are all, also, obnoxious, for want of precision and accuracy, and are too uncertain and vague, both in form and substance, to entitle them to a favorable consideration.

¶3The judgment is affirmed with costs.

¶4Judgment affirmed.

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