Wood v. Goss

Illinois Supreme Court

Wood v. Goss

21 Ill. 604

DecidedApril 15, 1859

StatusPublished

This text of 21 Ill. 604 (Wood v. Goss) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wood v. Goss, 21 Ill. 604 (Ill. 1859).

Pincite

Opinion

Per Curiam.

The replication of non est factum, is not an answer to the plea, which alleges a release by one of the plaintiffs only. The replication may be true, yet a release from one partner being sufficient, as we have already decided, on the demurrer to the plea of release, the demurrer must be sustained to this replication. As to the second replication, the averment that the release was obtained by fraud, it should state the facts constituting fraud and covin or circumvention, which is the language of the statute. Sims v. Klein, Breese R. 235.

Demurrer sustained.

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Per Curiam.

The replication of non est factum, is not an answer to the plea, which alleges a release by one of the plaintiffs only. The replication may be true, yet a release from one partner being sufficient, as we have already decided, on the demurrer to the plea of release, the demurrer must be sustained to this replication. As to the second replication, the averment that the release was obtained by fraud, it should state the facts constituting fraud and covin or circumvention, which is the language of the statute. Sims v. Klein, Breese R. 235.

Demurrer sustained.

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Bluebook (online)

21 Ill. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-goss-ill-1859.