Norton v. Brophy
Appellate Court of Illinois
Memorandum.—Assumpsit. In the Circuit Court of McLean County; the Hon. Thomas F. Tipton, Judge, presiding. Declaration, special and common counts; judgment for plaintiffs on demurrer to plea of the statute of limitations; appeal by defendant. Heard in this court at the November term, 1894,
1Opinion of the CourtJustice Boggs
The action below was assumpsit by appellee against the appellant upon the following instrument, viz.:
Bloomington, Ills., March 17,1887.
To the bearer of Catherine Brophy §212 dollars of
Daniel Norton.
Whether the instrument was evidence of indebtedness in writing within the meaning of Sec. 16, Chap. 83, B. S., entitled “ Limitations,” is the sole question. The appellant executed and delivered it to the appellee. It was designed to serve some purpose and was delivered and accepted as accomplishing that purpose. As it was written by the appellant, we-are at liberty to construe it most strongly…
2Cases cited4 opinions
- Weston v. MyersIllinois Supreme Court · 1864
- Massie v. BelfordIllinois Supreme Court · 1873
- J. Jassoy & Co. v. HornIllinois Supreme Court · 1872
- Beardsley v. HillIllinois Supreme Court · 1871
3Cited by1 opinion
- Board of Education v. FoleyAppellate Court of Illinois · 1900