Grammer v. Grammer

Decided October 28, 1893

Appellate Court of Illinois · decided 1893-10-28

<p>1. Limitations—Pleading the Statute of Nebraska.—To an action upon a promissory note, dated November 1, 1884, due two years thereafter, no place of payment being designated, a plea of the Nebraska statute of limitations, alleging that the note was executed and delivered to the payee in that State, and that the maker was then, and ever since had been a resident of that State, but does not aver where the payee then or afterward resided, presents no defense to the note.</p>

Relies on Wooley v. Yarnell · Story v. Thompson

and affirmed · Decided 1893-10-28

Mr. Justice Wall

¶1delivered the opinion of the Court.

¶2This was an action upon a promissory note, dated November 1, 1884, due two years thereafter, no place of payment being designated. The defendant pleads the statute of limitations of Nebraska, five years, alleging that the note was executed and delivered to the payee in that State, and that the maker was then and ever since had been a resident of that State, but did not aver where the payee then, or afterward, resided. The Circuit Court sustained a demurrer to the plea, and the only question is upon the point thus raised.

¶3We are of opinion the ruling was correct. Story v. Thompson, 36 Ill. App. 370; Wooley v. Yarnell, 142 Ill. 442.

¶4The judgment will be affirmed.