Legal Opinion

Simmons v. Nelson

Appellate Court of Illinois

Decided December 2, 1892PublishedCited by 4 opinions

Memorandum.—Action on promissory notes. Appeal from a judgment for plaintiff, rendered by the Circuit Court of Hancock County; the Hon, Chas. J. Scofield, Circuit Judge, presiding.

1Opinion of the Court

Opinion of the Court, the

Hon. Carroll C. Boggs, Judge.

The appellee brought this action of assumpsit against the appellant and one Parker to recover upon a promissory note then more than ten years past due. The defendants interposed a plea of usury, and that the action was barred by the statute of limitations. The appellee traversed the plea of usury, and to the plea of the statute of limitations he filed a replication alleging that Simmons had made a payment upon the note within ten years.

Upon a hearing before a jury, a verdict was returned, and a judgment rendered against Simmons, the…

2Cited by4 opinions

  1. First National Bank v. TerryCalifornia Court of Appeal · 1930
  2. Katt v. Estate of ChapmanAppellate Court of Illinois · 1928
  3. Chapin & Gore, Inc. v. Estate of PowersAppellate Court of Illinois · 1933
  4. First National Bank v. CarstensAppellate Court of Illinois · 1952

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