Overbeck v. Ahlmeier

This was an action of assumpsit, in the Circuit Court of Madison County, by appellant against appellee, to recover on two promissory notes, executed by appellee to appellant’s intestate, during her lifetime. Trial by jury. Verdict and judgment in favor of appellee.

The declaration is in the usual form. To this declaration appellee pleaded payment and set-off. Appellant traversed these pleas, and in an additional replication set up the statute of limitations as a defense to the plea of set-off. No question was raised as to the validity of the notes, and no evidence was offered in support of the…