Walden v. Karr

This was assumpsit, in the county court of McLean county, by Jesse Karr, plaintiff, and against James Walden, defendant, on a special undertaking by the defendant to pay over the proceeds of certain notes left with him by one Geer to the plaintiff, to discharge an indebtedness of Geer to the plaintiff. It is averred defendant collected the notes and refused to pay the proceeds to plaintiff.

The general issue was pleaded and the Statute of Limitations, and there was a trial by the court by consent, and a finding and judgment for the defendant. An appeal was taken to the circuit court, where…