Cornelius v. Vanorsdall, 1 Ill. 23, 1 Breese 23 (1820)

July 1820 · Illinois Supreme Court

1 Ill. 23, 1 Breese 23

Joseph Cornelius, Plaintiff in Error, v. Simon Vanorsdall, Assignee of John De Rush, Defendant in Error.

ERROR TO ST. CLAIR.

A plea alleging a failure of consideration is insufficient, without setting out wherein the failure consists.

Opinion of the Court. In this case there was a plea alleging a failure of consideration, to which there was a demurrer. The demurrer having been sustained by the court below, this writ of error is prosecuted, to reverse that judgment. It is considered by the court, on the authority of the case of Taylor v. Sprinkle, decided at the last term, that the judgment of the court below be affirmed, ^(a) ⁽¹⁾

Judgment affirmed.

(a) Taylor v. Sprinkle, ante p. 17. Poole v. Vanlandingham, post p. Bradshaw v. Newman.

(1) See note to Taylor v. Sprinkle, ante, page 17.