Williams v. Drake

LINDLEY, District Judge.

This,action is based upon a certificate of deposit issued by the First National.Bank of Monticello payable to plaintiff’s deceased mother, whose estate has been settled in the probate court and the proceeds of which have passed legally to .plaintiff. The certificate was issued in 1911. No demand was ever made upon the same until recently, and it is contended by the receiver of the bank that the action is barred by the stat-. ute of limitations of the state of Illinois (Smith-Hurd Ann. St. c. 83, § 17), governing actions upon written evidences of indebtedness.

The…