Legal Opinion

Humphrey v. Cole

Appellate Court of Illinois

Decided November 16, 1883PublishedCited by 8 opinions

Error to the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This action was brought in the court below, August 16, 1880, by Cole, as the assignee of the payees, against Humphrey and Parmenter as the makers of the instrument of which the following is a copy: “ $1,389.91. Pock Island, Ill., April 21, 1857. Six months after date we promise to pay to the order of Fenton, Lee & Co., one thousand, three hundred and eighty-nine 91-100 dollars at Fish, Good…

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Error to the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. This action was brought in the court below, August 16, 1880, by Cole, as the assignee of the payees, against Humphrey and Parmenter as the makers of the instrument of which the following is a copy: “ $1,389.91. Pock Island, Ill., April 21, 1857. Six months after date we promise to pay to the order of Fenton, Lee & Co., one thousand, three hundred and eighty-nine 91-100 dollars at Fish, Good all & Co.’s office, with current rate of exchange on New York, value received. “Humphrey & Parmenter.” Indorsed — “Pay M.…

1Opinion of the CourtIVIoAllisteb, P. J.

We are of opinion that under the uncontroyerted facts proved and stipulated, the defendant below was entitled to judgment upon the following grounds: The action was barred by the Statute of Limitations. Section twenty of that statute, R. S. 1874, p. 676, is as follows: When a cause of action has arisen in a State or Territory out of this State, or in a foreign country, and by the laws thereof an action thereon can not be maintained by reason of the lapse of time, an action thereonj shall not be maintained in this State.

Now it is true that the instrument sued upon was made in this State, April…

2Cited by8 opinions

  1. Story v. ThompsonAppellate Court of Illinois · 1890
  2. McGuigan v. RolfeAppellate Court of Illinois · 1899
  3. Delta Bag Co. v. Frederick Leyland & Co.Appellate Court of Illinois · 1912
  4. National Bank of Denison v. DanahyAppellate Court of Illinois · 1899
  5. Webster v. DaviesNebraska Supreme Court · 1895

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