Southworth v. Hoag

Citations

• 42 Ill. 446

Syllabus

<p>1. Burden of proof—consideration. A made a contract with B that, for a certain sum of money, B should furnish an acceptable substitute for C, who had been drafted into the military service of the United States. A, accordingly, paid a part of the agreed sum in money, and gave B his note for the balance. B furnished the substitute, and obtained a certificate therefor. In an action by B upon the note, A set up, by way of defense, that B not only agreed to furnish such substitute, but, also, agreed to procure the discharge of C, which he had failed to do, whereby the consideration of said note had failed. Held, that the onus was upon A to prove substantially the facts as pleaded by him as a defense, and, having failed to do so, and the proof showing that B simply undertook to furnish an acceptable substitute, and had done so, he was entitled to recover, notwithstanding, the government refused to release C after having accepted the substitute, as B had not, and could have no control over such action.</p> <p>3. Verdict—contrary to the evidence. When a verdict is contrary to the evidence, or when there is no evidence to support it, the court will grant a new trial.</p>