W. T. Rawleigh Medical Co. v. Barnett, 185 Ill. App. 82 (1913)

Dec. 27, 1913 · Illinois Appellate Court

185 Ill. App. 82

The W. T. Rawleigh Medical Company, Appellee, v. J. W. Barnett, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of De Witt county; the Hon. Solon Philbkick, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed December 27, 1913.

Statement of the Case.

Action in assumpsit by The W. T. Rawleigh Medical Company, a corporation, against J. W. Barnett to recover upon a promissory note. From a judgment in favor of plaintiff for $538.13, defendant appeals.

L. O. Williams, for appellant.

Edward J. Sweeney and Morris J. Hinchcliff, for appellee.

* See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Thompson

delivered the opinion of the court.

Abstract of the Decision.

1. Bills and notes, § 358 ^* —when plea of want of consideration demurrable. In an action on a promissory note, a special plea of want of consideration setting up that the note was given for a release of defendant by plaintiff from a void contract of guaranty, held inartificially drawn and subject to special demurrer.

2. Appeal and ebboe, § 1361 ^* —•when refusal to permit filing of additional pleas not error. Refusal of court to permit the filing of additional pleas, held not error, where application to file them was not made until the case was called for trial.

3. Appeal and ebboe, § 986 ^* —when denial of motion for continuance not presented for review. The question whether the court erred in overruling a motion for a continuance is not preserved for review, where there is no motion for a continuance or showing thereon in the bill of exceptions.