Opinion
Gen. No. 44,400. (Abstract of Decision.)
Opinion filed December 15, 1948 Released for publication January 5, 1949
CONFESSION OF JUDGMENT, § 51 — opening judgment on notes. Allegations of defendant's petition to open a judgment by confession on notes executed by defendant and maturing more than 10 years before commencement of action, alleging that no payment had been made on account of notes nor had defendant made any new promise to pay them, showed a "prima facie defense" on merits to whole of plaintiff's demands, and motion should have been allowed in order that issues of fact raised by petition could be determined by a jury as provided in Supreme Court Rule 26.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.
Reversed and remanded. Heard in the third division, first district, this court at the April term, 1948.
Winston, Strawn Shaw, for appellant;
George B. Christensen, Douglas C. Moir and Edward V. Wendrow, of counsel;
Bentley, Bartoline Jones, for appellee.
Not to be published in full. Opinion filed December 15, 1948; released for publication January 5, 1949.