Titsworth v. Hyde

Citations

• 54 Ill. 386

Syllabus

<p>1. Practice in the Superior Court of Chicago—trial of causes out of their order. The thirty-seventh rule of the Superior Court of Chicago, allowing cases ex contractu, upon certain conditions, to he tried out of their regular order upon the docket, “ unless it shall be made to appear to the court, by affidavit of facts in detail, that the defense is made in good faith,” means something more than that the defendant shall, in good faith, make such defense as will simply put the plaintiff upon proof of his case.</p> <p>2. So where the facts stated in the affidavit of the defendant showed that he really had no legal defense to the suit, the affidavit was held insufficient under the rule.</p> <p>3. Same—of the legality of such rute. On the objection that this rule is in contravention of the ninth section of. the practice act, which requires civil causes to be docketed in the order in which they shall be commenced, etc. it was considered that the case of Wallbaum v. Haskin, 49 Ill. 315, settled the question in favor of the power of the court to adopt the rule.</p> <p>4. Compromise—agreement to ta&e a less sum than is due, in satisfaction of a debt. A mere executory verbal agreement, without consideration, by the holder of a promissory note, to accept from the maker a less sum than is due thereon, will constitute no defense to a suit on the note. Even the payment of a less sum of money than the real debt, would be no satisfaction of a larger sum, without a release by deed.</p>