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191 Ill. App. 476

Killian v. Tesar

Appellate Court of Illinois

Decided February 24, 1915

Appellate Court of Illinois · decided 1915-02-24

<p>Abstract of the Decision.</p> <p>1. Limitation of actions, § 117*—when evidence insufficient to show payments on note. In an action on a note the evidence was held insufficient to show a payment thereon within ten years prior to the commencement of the action.</p> <p>2. Limitation of actions, § 117*—when evidence insufficient to show new promise. In an action upon a note due more than nineteen years prior to the commencement of the action, the evidence was held insufficient to show a new promise by defendant sufficient to-prevent the bar of limitations.</p>

Reversed with finding of facts · Decided 1915-02-24

Mr. Justice Gridley

¶1delivered the opinion of the court.

2. Limitation of actions, § 117*—when evidence insufficient to show new promise. In an action upon a note due more than nineteen years prior to the commencement of the action, the evidence was held insufficient to show a new promise by defendant sufficient to-prevent the bar of limitations.
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