Legal Opinion

Alexander County Savings Bank v. Murray

Appellate Court of Illinois

Decided March 24, 1922PublishedCited by 1 opinion

Appeal from the Circuit Court of Clinton county; the Hon. Thomas E. Fobd, Judge, presiding. Heard in this court at the October term, 1921.

1Opinion of the CourtJustice Barry

Appellant filed a claim against the estate of John B. Diepenbrock in the county court for the sum of $3,267.77, which was based on the indorsement of the testator on a $2,000 note payable to him dated November 13, 1903, due one year after date and executed by J. A. Cheney and Alice Cheney. The note bore the indorsement by appellant’s cashier, “Interest paid to April 4, 1911.”

The statute of limitations was relied upon as a defense and that it was not sufficient for appellant to show that the indorsement of interest was made by its cashier. A jury was waived and the court found the issues for…

2Cases cited3 opinions

  1. United States Brewing Co. v. WolfAppellate Court of Illinois · 1913
  2. Mann v. LearnedIllinois Supreme Court · 1902
  3. Levy v. BurkstromAppellate Court of Illinois · 1912

3Cited by1 opinion

  1. Parisian Novelty Co. v. Advertisers Manufacturing Co.Appellate Court of Illinois · 1928

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