Karch v. Emerick

Citations

• 59 Ill. 184

Syllabus

<p>1. Special plea—amounting to general issue. To a declaration in an action on a promissory note against two defendants, alleging that tlic defendants executed and delivered the note to the plaintiff, a plea of one of the defendants, in form special, averring that the consideration for the note was received by his co-defendant, and was the individual debt of such co-defendant, and denying his joint liability, is bad on a special demurrer, that it amounts only to the general issue.</p> <p>3. Pleading—»/ the description of the maicera of a note—whether as partners. Iu an action on a promissory note, the plaintiff in the commencement of his declaration, complained of A B and C D, partners, etc., defendants, in a plea, etc., and then alleged that the defendants made their certain promissory note in writing, by which said note said defendants, 'by the name, style and description of A B, promised to pay, etc.: Held, the word “partners” in the commencement of the count was merely descriptive of the persons, and had nothing to do with the character in which the defendants executed the note, and hence, to such a count, a plea denying the partnership would present an immaterial issue, and a plea denying the execution of the note, verified, was a complete answer to the declaration.</p>