Brown v. Huber

Appellate Court of Illinois

Brown v. Huber

79 Ill. App. 109, 1898 Ill. App. LEXIS 217

DecidedDecember 6, 1898

StatusPublished

This text of 79 Ill. App. 109 (Brown v. Huber) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Huber, 79 Ill. App. 109, 1898 Ill. App. LEXIS 217 (Ill. Ct. App. 1898).

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Opinion

Judgment by confession on .promissory note, at suit of assignee; motion for leave to plead, judgment to stand as security; affidavit of defendant in support of motion, alleging failure of consideration, and notice to plaintiff thereof before assignment; counter affidavit denying notice; motion overruled and appeal.

Held, that the evidence being conflicting and the contested matter in doubt, the motion should have been allowed, citing Condon v. Besse, 86 Ill. 159.

Order reversed and cause remanded.

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Judgment by confession on .promissory note, at suit of assignee; motion for leave to plead, judgment to stand as security; affidavit of defendant in support of motion, alleging failure of consideration, and notice to plaintiff thereof before assignment; counter affidavit denying notice; motion overruled and appeal.

Held, that the evidence being conflicting and the contested matter in doubt, the motion should have been allowed, citing Condon v. Besse, 86 Ill. 159.

Order reversed and cause remanded.

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79 Ill. App. 109, 1898 Ill. App. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-huber-illappct-1898.

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