Opinion
Gen. Nos. 43,120, 43,121. (Abstract of Decision.)
Opinion filed December 11, 1944 Released for publication December 27, 1944
LIMITATIONS OF ACTION, § 248 — insufficiency of evidence of part payment of alleged oral loan. Under evidence, held that plaintiff was not entitled to recover on alleged oral loan claimed to have been made more than 16 years before suit was brought, notwithstanding there was testimony of part payment less than 5 years previously, where there was no effort to get original, or to introduce copy which was claimed to be in plaintiff's hands, of alleged written receipt for such part payment.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. IRWIN CLORFENE, Judge, presiding.
First appeal dismissed without costs to either party; judgment against Nellie Donovan reversed and judgment for her here. Heard in the first division, first district, this court at the
Charles V. Falkenberg, for appellants;
Louis T. Herzon, for appellee.
Not to be published in full. Opinion filed December 11, 1944; released for publication December 27, 1944.