Reichert v. Kœrner

Citations

• 54 Ill. 306

Syllabus

<p>1. Demtjbbeb to special plea—where facts alleged, therein were given in evidence under general issue. The assignment of error on the ruling of the court sustaining a demurrer to a special plea will not be considered where the defendant on the trial gave in evidence under the general issue all the facts alleged in such plea.</p> <p>2. Assignee after maturity—subject to what defense. Where a note was paid by a surety thereon, and taken up by him for the purpose of recovering from his principal, but afterwards delivered back to the payee for the sole purpose of being collected by him from the principal, for the benefit of the surety, and by the endorsement of the payee after the note was thus returned to him, and after its maturity, it came to the hands of a third person, the latter would hold the note subject to the defense of such payment.</p> <p>3. Had the surety returned the note to the payee for the purpose of giving it circulation, then he could not have availed of such defense.</p>