Carroll v. Forsyth
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was a claim filed by the appellee, against the estate of Charles Carroll, deceased, for a balance claimed to be due the appellee on account for services. The opinion of the court states the material points and facts.
1Opinion of the CourtJustice Scholpield
We propose only to consider the question whether, under the evidence, the Statute of Limitations is a defense to appellee’s Maim, or any portion of it. His claim is for services as superintendent and bookkeeper, rendered the intestate, in a distillery in Peoria, from 1860, until July 1, 1864. There is no question but that more than five years had elapsed after the claim was due, before the commencement of the suit, but appellee relies upon a payment and subsequent promise within five years. The evidence relied upon to establish the subsequent promise and payment, is that of Robert M. Cox, the…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Kimball v. KimballMichigan Supreme Court · 1867
3Cited by38 opinions
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- Engmann v. Estate of ImmelWisconsin Supreme Court · 1884
- Wachter v. AlbeeIllinois Supreme Court · 1875
- Adams v. TuckerColorado Court of Appeals · 1895
- Boone v. A'HernAppellate Court of Illinois · 1901
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