DeClerque v. Campbell
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. Charles H. Powell died August 12, 1902. On December 31, 1902, George W. Campbell was appointed administrator by the probate court of Peoria county and selected the March term, 1903, for the presentation of claims against the estate.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. N. E. Worthington, Judge, presiding. Charles H. Powell died August 12, 1902. On December 31, 1902, George W. Campbell was appointed administrator by the probate court of Peoria county and selected the March term, 1903, for the presentation of claims against the estate. On March 16, 1903, the first day of said March term, Eliza DeClerque filed an account against the estate for the amount of six notes signed by the Sylvan Remedy Company and guaranteed by…
1Opinion of the CourtJustice Dunn
The first one of the six notes which formed the basis of the claim was as follows:
“$377.1$. Chicago, July 8, 1892.
“Six months after date we promise to pay tó the order of De-Clerque & Hirschman three hundred and seventy-seven and 15-100 dollars at seven per cent interest. Value received.
Sylvan Remedy Co.”
Endorsements on the back as follows:
“E. F. Baldwin,
Chas. H. Powell,
E. E. B.
DeClerque & Hirschman.”
The other notes bore various dates, the last being January 3, 1893, and all were due six months after date. If nothing had occurred to stop the running of the Statute of Limitations all would…
2Cases cited8 opinions
- Propst v. MeadowsIllinois Supreme Court · 1851
- McCall v. LeeIllinois Supreme Court · 1887
- Stewart v. SmithIllinois Supreme Court · 1862
- Webster v. CobbIllinois Supreme Court · 1856
- White v. WeaverIllinois Supreme Court · 1866
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3Cited by8 opinions
- Tucker v. MuellerIllinois Supreme Court · 1919
- Campbell v. ThompsonAppellate Court of Illinois · 1915
- Winkle v. ScottCourt of Appeals for the Eighth Circuit · 1938
- First National Bank v. YakeyAppellate Court of Illinois · 1929
- Lyons v. Estate of ErnstAppellate Court of Illinois · 1932
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