Messenger v. Rutherford

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Plaintiffs, as executors of the estate of decedent, seek to recover from defendant the balance on an account stated made shortly before the death of the decedent. Defendant appeals from an order which dismissed his counterclaim after finding that his claim “is now barred by Section 204 of the Probate Act of Illinois.” The order also struck portions of defendant’s answer to plaintiffs’ complaint. The trial court further found there was no just reason for delaying appeal from the order.

Elmer Messenger, now deceased, and Milton D.…