Ward v. Redden

Appellate Court of Illinois

Ward v. Redden

39 Ill. App. 643, 1890 Ill. App. LEXIS 539

CourtAppellate Court of Illinois

DecidedJune 12, 1891

StatusPublished

Cited by1 cases

This text of 39 Ill. App. 643 (Ward v. Redden) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. Redden, 39 Ill. App. 643, 1890 Ill. App. LEXIS 539 (Ill. Ct. App. 1891).

Pincite

Opinion

Wall, J.

This was an action of assumpsit to recover a sum of money paid by plaintiff as surety on a promissory note for defendant.

The statute of limitations, five years, was interposed as a defense, to which the plaintiff replied that the defendant had promised anew within five years.

The verdict was for the plaintiff for $160, and judgment was rendered accordingly.

We have carefully examined the evidence and are of opinion that it wholly fails to establish a new promise. Applying the rule as laid down in this State, we think the judgment should have been for defendant. Keener v. Crull, 19 Ill. 191; Carroll v. Forsyth, 69 Ill. 127; Wachter v. Albee, 80 Ill. 47; Haywood v. Gunn, 4 Ill. App. 161.

_The judgment will be reversed and the cause remanded.

Reversed and remanded.

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