Stuber v. Schack

Citations

• 83 Ill. 191

Syllabus

<p>1. Practice—affidavit of merits abandoned by filing new one. Where a defendant flies a second affidavit of merits with his plea, he abandons the first, and the question of the sufficiency of the first can not be considered by this court.</p> <p>2. Same—sufficiency of affidavit of merits. It is sufficient for a defendant, in an affidavit of merits, to follow the language of the statute, but if he attempts to state the facts constituting the defense, and they are insufficient, the affidavit will be bad, and may be stricken from the files.</p> <p>3. Consideration—for extension of time of payment. A promise to forbear in the collection of a debt, upon a promise of the debtor to pay interest for which he is already liable, can not be enforced, for want of a sufficient consideration.</p>