Sennott v. Horner & Hypes
Illinois Supreme Court
This suit was brought before the County Court of Monroe, and appealed from that to the Circuit Court of said county, to recover against the estate of said deceased, $57.17, stipulated in a promissory note, due one day after date, and dated Nov. 14, 1838 ; also, a note for $12.68, due one day after date, and dated Nov. 14, 1838, with interest, to Horner & Hypes. The administratrix set up the statute of limitations in both counts.
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This suit was brought before the County Court of Monroe, and appealed from that to the Circuit Court of said county, to recover against the estate of said deceased, $57.17, stipulated in a promissory note, due one day after date, and dated Nov. 14, 1838 ; also, a note for $12.68, due one day after date, and dated Nov. 14, 1838, with interest, to Horner & Hypes. The administratrix set up the statute of limitations in both counts. The plaintiff, to lay the foundation to read the notes in evidence, read the deposition of Thomas Quie7c, to prove a new promise, who stated on that point the…
1Opinion of the CourtWalker, J.
It is not the evidence of the promise, that is questioned in this case, but the effect of the promise. The assignment of errors questions the correctness of the decision of the Circuit Court, in giving plaintiff’s, and in refusing to give defendant’s instructions. The former announce to the jury that the promise was unconditional, and took the case out of the operation of the statute of limitations, whilst the latter assert that it is a question for the determination of the jury, whether it was conditional or not, and if they should find it conditional, it would constitute a bar, unless it…
2Cases cited1 opinion
- Horner v. StarkeyIllinois Supreme Court · 1861
3Cited by15 opinions
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Schifferstein v. AllisonIllinois Supreme Court · 1888
- Ingram v. HarrisSupreme Court of Virginia · 1939
- Buckingham v. OrrSupreme Court of Colorado · 1883
- Hurtt v. StevenAppellate Court of Illinois · 1947
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