Maginn v. Levy

211 Ill. App. 300
Appellate Court of Illinois·Decided May 14, 1918·No. Gen. No. 23,514·Published

Opinion

Mr. Justice Matchett

delivered 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.

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Maginn v. Levy, 211 Ill. App. 300 (Ill. Ct. App. 1918).

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