Lowery v. Gear
Illinois Supreme Court
Appeal from the Circuit Court of Jo Daviess County ■ the Hon. Benj. E. Sheldou, Judge, presiding. On the sixteenth day of September, 1842, Hezekiah H. Gear made and delivered to Hath aniel J. Brown, his promissory note for nineteen hundred dollars, payable to the order of said Brown, eighteen months after date.
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Appeal from the Circuit Court of Jo Daviess County ■ the Hon. Benj. E. Sheldou, Judge, presiding. On the sixteenth day of September, 1842, Hezekiah H. Gear made and delivered to Hath aniel J. Brown, his promissory note for nineteen hundred dollars, payable to the order of said Brown, eighteen months after date. This note was, after its maturity, indorsed to John Lowery, who instituted suit thereon in the court below, on the 12th day of September, 1860. The defendant pleaded, first, the statute of limitations; and second, a failure of consideration. To the first plea, the plaintiff replied,…
1Opinion of the CourtChief Justice Caton
We have examined the questions of law raised in this case, and find no error in the decisions of the court upon the admission of the testimony, or in the instructions, of which the plaintiff can complain.
The real question in the case is, as to the sufficiency of the evidence to sustain the verdict. Two defenses were relied upon. One, the statute of limitations, and the other a want, or failure of consideration. If the evidence is sufficient to sustain the verdict upon either of these defenses it must be allowed to stand. We shall confine ourselves to the consideration of the first defense. To…
2Cited by8 opinions
- Waughop v. BartlettIllinois Supreme Court · 1896
- Miller v. CinnamonIllinois Supreme Court · 1897
- Dehner v. Helmbacher Forge & Rolling MillsAppellate Court of Illinois · 1880
- Blackhawk Production Credit Ass'n v. BayAppellate Court of Illinois · 1979
- Blackburn University v. WeerAppellate Court of Illinois · 1886
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