Farmers & Merchants' Insurance v. Menz

Citations

• 63 Ill. 116

Syllabus

<p>1. Pleading—demurrer. Where a plea of set-off sets up several distinct grounds of indebtedness, if any one of the causes of indebtedness is defectively pleaded while the others are well stated, the defect can only be reached by a special demurrer to the defective portions of the plea. '</p> <p>2. Thus, where a plea of set-off stated an indebtedness from the plaintiff to defendant, first, for money had and received; second, on an account stated; and third, upon a policy of insurance assigned to the defendant by a third party: Meld, that a general demurrer to the plea was properly overruled.</p>