Hall v. Marks

Citations

• 56 Ill. 125

Syllabus

<p>1. Plbadieg—of the prayer for judgment m a plea in bar. In a plea in bar of only a part of the plaintiff’s cause of action, a conclusion of a prayer of judgment, generally, is sufficient, without pointing out what judgment, or the appropriate judgment, because, the facts being shown, the court is bound to pronounce the proper judgment.</p> <p>3. Same—in a plea in abatement. But in the case of a plea in abatement, the defendant must pray a particular and proper judgment.</p> <p>3. Same—sufficiency of am, averment as to representations by the plaintiff. In an action upon a promissory note for $300, the defendant, in a plea, averred the note was given for that amount in bank bills, which he had borrowed from the plaintiff) and which the latter represented were good and current and would pass for the full face thereof; whereas, in fact, the plea averred, the bank bills were of small value, to wit, of $100, and no more, and that the defendant was defrauded by reason of the bills being only of that value: Held, this averment as to the value of the bills did not show the falsity of the representation alleged to have been made by the plaintiff that they were current, and was insufficient in that regard.</p> <p>4. And where a plea averred a warranty by the plaintiff that the bills were good and current, and would pass for their full face, it is doubtful whether an averment simply that the bills were depreciated and of small value, to wit, of $100, and no more, would sufficiently negative the terms of the alleged warranty.</p> <p>5. Same—plea of partial faAVwre of consideration. A plea of partial failure of consideration is defective which sets up such failure to a certain extent, and only showing a failure to a less extent.</p>