Zuckermann v. Solomon

Citations

• 73 Ill. 130

Syllabus

<p>1. Set-off—warranty in hands of assignee. A contract of warranty can not be assigned so as to enable the assignee to maintain a suit upon it in his own name, or make it a subject of set-off in a suit by the warrantor against the assignee.</p> <p>2. Where a party gives his note, secured by mortgage, for property sold to him, and warranted to be of a particular quality, and when the note becomes due, other parties, to prevent the foreclosure of the mortgage, take the note up and give their own in lieu of it, the latter can not, in a suit against them, set off any damages to the maker of the first note, occasioned by a breach of the contract of warranty.</p> <p>3. Judgment by confession—when for too large a sum. Where, upon a motion to set aside a judgment by confession, because there was too much interest included in it, the court offered to have the excess of interest abated, and the defendant declined to have it done unless the court would vacate the judgment and permit him to make a defense which he could not have made in the first instance, and which the court refused, the judgment as originally entered will he sustained.</p>