Cornelius v. Vanorsdall

• Decision Date: 31 July 1820
• Citation: 1 Ill. 23
• Parties: JOSEPH CORNELIUS, Plaintiff in error, v. SIMON VANORSDALL, ASSIGNEE OF JOHN DE RUSH, Defendant in error.
• Court: Illinois Supreme Court

1 Ill. 23

JOSEPH CORNELIUS, Plaintiff in error,

v.SIMON VANORSDALL, ASSIGNEE OF JOHN DE RUSH, Defendant in error.

Supreme Court of Illinois.

July Term, 1820.

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. ^1a

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