Wackman v. Unschuld

KERNER, Circuit Judge.

Minnie Etta Wackman brought an action against defendant on his promissory note dated April 23, 1934, payable on October 23, 1934. Jurisdiction was based upon diversity of citizenship and requisite amount. The action having been brought on September 6, 1946, defendant interposed as a defense the Illinois 10-year Statute of Limitations. Mrs. Wackman set up a new promise within ten years immediately preceding the commencement of the action. The case was tried by the court on an agreed statement of facts. Upon the stipulated facts, the court concluded that within ten years…