Archibald v. Argall

Citations

• 53 Ill. 307

Syllabus

<p>1. Action prematurely brouuht—whether bar or in abatement. Where an action is prematurely brought, because of an agreement to extend the time of payment, which has not elapsed, that is matter in abatement only, not in bar of the action.</p> <p>2. Plea in abatement—time of pleading it. After a plea in bar, it is too late to plead in abatement.</p> <p>3. Consideration—when it must be merred. A plea that the action was prematurely brought, because of an agreement to extend the time of payment, which has not elapsed, should aver the consideration of the promise.</p> <p>4. Promissory note—whether in extinguishment of a precedent debt. The mere giving of a promissory note does not, of itself, extinguish a precedent debt, whether it be an account or other demand. In such case it is a question of intention, which may be manifested either by an express agreement or by the attendant circumstances.</p> <p>5. Question of law or fact. Whether a promissory note was given in satisfaction of a precedent debt, is a question of fact for a jury, not a question of law.</p> <p>6. Collateral security—right to sue upon the principal debt. Where a party holds a promissory note as collateral security for a debt, he is not bound to enforce the collection of the collateral, nor is he precluded from suing upon the principal debt, unless he has entered into a valid agreement to that effect.</p>