H. B. Pitts' Sons' Manufacturing Co. v. Commercial National Bank
Appellate Court of Illinois
In error to the Circuit Court of La Salle County. Statement of the case by Lacey, J. This cause of action is based on three promissory notes of date January 2, 1883,-for $1,192.16, due December 15, 1885, with interest at six per cent., executed by the H. A. Pitts’ Sons’ Mfg.
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In error to the Circuit Court of La Salle County. Statement of the case by Lacey, J. This cause of action is based on three promissory notes of date January 2, 1883,-for $1,192.16, due December 15, 1885, with interest at six per cent., executed by the H. A. Pitts’ Sons’ Mfg. Co. to A. B. Meeker & Co., and by them indorsed to the appellee; and another note dated March 21, 1885, for $654.61, due in ninety days, also executed by and to the same parties, and also indorsed to appellee; the third note was of date April 16, 1885, due in five months, executed by and to the same parties and indorsed…
1Opinion of the CourtLacey, J.
The question involved here is, can a plea in bar be sustained to an action in a case where the time for the payment of the debt due had been extended by a new agreement between the parties based on a valid consideration, and that time has not expired before suit brought ? And was there in this case a valid consideration? The first of these propositions has been settled in the negative by our Supreme Court in a number of cases. In Guard v. Whiteside, 13 Ill. 7, the court says : “ A covenant not to sue within a limited time can not be pleaded in bar to an action brought before the time has…
2Cases cited6 opinions
- Drake v. DrakeIllinois Supreme Court · 1876
- Humphrey v. PhillipsIllinois Supreme Court · 1870
- Guard v. WhitesideIllinois Supreme Court · 1851
- Culver v. JohnsonIllinois Supreme Court · 1878
- Gillfillan v. FarringtonAppellate Court of Illinois · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Vinylast Corp. v. GordonAppellate Court of Illinois · 1973