Honn v. Pinnell
Appellate Court of Illinois
Assumpsit, on a promissory note. Error to the Circuit Court of Edgar County; the Hon. Edward P. Vail, Judge, presiding.
1Opinion of the CourtJustice Boggs
The change effected by the enactment of our present statute is to require the promise to be reduced to writing. Prior thereto a verbal promise was sufficient.
Any statement verbally made which would formerly have operated to revive a note, will have the like effect now if reduced to writing. Wood on Limitations, Sec, 84—86. Haydon v. Williams, 7 Bingham 163.
An express promise was not formerly necessary. Wooters v. King, 54 Ill. 543; 13 Amer. & Eng. Ency. of Law, p. 753, note 2. Any statement of the debtor clearly admitting the debt to be due, and showing an intention to pay it, was considered…
2Cases cited1 opinion
- Carroll v. ForsythIllinois Supreme Court · 1873
3Cited by4 opinions
- Katt v. Estate of ChapmanAppellate Court of Illinois · 1928
- Walker v. FreemanAppellate Court of Illinois · 1901
- Chase v. BramhallAppellate Court of Illinois · 1951
- Wackman v. UnschuldCourt of Appeals for the Seventh Circuit · 1949