Pixley v. Boynton

Citations

• 79 Ill. 351

Syllabus

<p>1. Remittitur—zro Supreme Court. Under the present practice act, when the judgment in the inferior court exceeds the ad damnum in the plaintiff’s declaration, he may remit such excess in this court before the cause is submitted.</p> <p>2. Burden oe proof—to show illegal consideration of promissory note. Where the maker of a promissory note seeks to avoid the same on the ground that its consideration was illegal, the burden of proof is upon him to show the fact by a clear preponderance of the evidence.</p> <p>8. Optional contract — sale for future delivery. A purchase of grain at a certain price per bushel, made in good faith, to be delivered in the next month, giving the seller until ¿the last day of the month, at his option, in which to deliver, is not an illegal or gambling contract, and the purchaser will be entitled to its benefit, no matter what may have been the secret intention of the seller.</p> <p>4. Costs—in Supreme Court. Where an error is removed by a remittitur in this court, the costs up to such time, including the entry of the remittitur, will be taxed against the appellee or defendant in error.</p>