Green v. Baird
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration: special count on a promissory note and common counts. Pleas, (1) general issue; (2) non-assumpsit verified; (3, by Green), the ten year statute of limitations, as a bar to the note. Plaintiff’s replications: That on December 1, 1883, the defendants paid the plaintiff §206.62 on said note.
Read the full summary
Memorandum.—Assumpsit. In the Circuit Court of Vermilion County; the Hon. Ferdinand Bookwalter, Judge, presiding. Declaration: special count on a promissory note and common counts. Pleas, (1) general issue; (2) non-assumpsit verified; (3, by Green), the ten year statute of limitations, as a bar to the note. Plaintiff’s replications: That on December 1, 1883, the defendants paid the plaintiff §206.62 on said note. Green’s rejoinders: That said payment of $206.62 was made by a note executed by David A. Baird and delivered to the plaintiff without the knowledge, consent or authority of Green,…
1Opinion of the CourtJustice Wall
On the 24th January, 1893, appellee brought assumpsit upon a promissory note for $1,000, dated May 1, 1880, payable to appellee five months after date, signed by Baird, Green & Bennett, a partnership firm.
The appellant Green interposed as a defense the statute of limitations ten years, to which it was replied that payments were made upon the note by the makers thereof within ten years.
The issues were found by a jury for the plaintiff and judgment was rendered accordingly.
The errors assigned, question the propriety of that judgment, and the rulings of the court upon which it was obtained.
The…
2Cases cited6 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Bank of Montreal v. PageIllinois Supreme Court · 1880
- Tate v. ClementsSupreme Court of Florida · 1878
- Helm v. CantrellIllinois Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bennett v. BairdAppellate Court of Illinois · 1896
- Campbell v. HerrickSupreme Court of Kansas · 1919
- Green v. BairdAppellate Court of Illinois · 1895