J. Jassoy & Co. v. Horn
Illinois Supreme Court
"Writ of Error to the Court of Common Pleas of the city of Aurora; the Hon. E. G. Montony, Judge, presiding. This was an action of assumpsit, brought by Horn against John Jassoy and others. The defendants pleaded the statute of limitations, alleging that the promises stated in the declaration were not in writing, and did not accrue within five years previous to the commencement of the suit.
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"Writ of Error to the Court of Common Pleas of the city of Aurora; the Hon. E. G. Montony, Judge, presiding. This was an action of assumpsit, brought by Horn against John Jassoy and others. The defendants pleaded the statute of limitations, alleging that the promises stated in the declaration were not in writing, and did not accrue within five years previous to the commencement of the suit. As evidence of the indebtedness, the plaintiff produced in evidence a depositor’s bank book, kept in the usual form, in which the defendants, as bankers, had made entry of the amounts of money deposited…
1Per curiam
The majority of the court are of opinion that the account evidenced by the bank book is not barred until the lapse of sixteen years after the cause of action accrued.
The act of November 5, 1849 (Gross’ Stat. 430), is: “All actions, founded upon any promissory note, simple contract in writing, bond, judgment, or other evidence of indebtedness in writing * * shall be commenced within sixteen years after the cause of action accrued.”
The entries in the book were made by the bankers, and they charged themselves with the money deposited. *■ They constituted “ evidence of an indebtedness in…
2Cited by14 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Ames v. MoirIllinois Supreme Court · 1889
- Masonic Benefit Ass'n v. First State BankMississippi Supreme Court · 1911
- Schalucky v. FieldIllinois Supreme Court · 1888
- Fowlkes v. LeaMississippi Supreme Court · 1904
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