(815 ILCS 105/9) (from Ch. 17, par. 610)
Sec. 9.
In any action upon a note, bond, bill, or other instrument in
writing, for the payment of money or property, or the performance of
covenants or conditions, if such instrument was made or entered into
without a good and valuable consideration, or, if the consideration upon
which it was made or entered into has wholly or in part failed, it shall be
lawful for the defendant to plead such want of consideration, or that the
consideration has wholly or in part failed; and if it shall appear that
such instrument was made or entered into without a good or valuable
consideration, or that the consideration has wholly failed, judgment
shall be rendered in favor of the defendant; and if it shall
appear that the consideration
has failed in part, the plaintiff shall recover according to the justice of
the case: Provided, that nothing in this section contained shall be
construed to affect or impair the right of any bona fide assignee of any
instrument made assignable by this act, when such assignment was made
before such instrument became due.
(Source: P.A. 83-345.)
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