Wooley v. Yarnell

Citations

• 142 Ill. 442
• 32 N.E. 891

Syllabus

<p>1. Limitation — act of 1872 does not apply to contracts before it took effect. The Limitation act of April 4,1872, which required action to be brought upon notes, etc., within ten instead of sixteen years, as by the act of November 5; 1849, after the cause of action accrued, has no application to contracts executed before the latter law went into force and effect.</p> <p>2. Same — running of the statute arrested by debtor’s absence from the Slate. The departure of a debtor from this State after a cause of action has accrued, and his remaining beyond the limits of this State so that process can not be served upon him, will arrest the running of the Statute of Limitations. In such case the defendant’s absence from the Slate is no part of the time limited for the commencement of an action.</p> <p>3. Same — where maker and payee of a note reside out of the Slate. Where the maker of a promissory note and the payee reside ont of this State when the note becomes due, and the cause of action accrues in another State, and the maker continues to reside ont of the State and in another State until, by'the laws of such State, an action on the note is barred, section 20 of the Limitation act, when pleaded to an action ■brought on such note in this State, may constitute a bar to such action.</p> <p>4. Same — where debtor becomes resident of another State, and note is barred by the laws of that Slate. To an action on a note which fell due November 2, 1870, the defendant filed a plea that on August 13,1881, he became a resident of the State of New Hampshire, and continued to reside there until the commencement of the suit, — a period of more than six years; that an action accrued in New Hampshire on the note August 13, 1881, and that by the laws of New Hampshire actions on promissory notes may he brought within six years from the time an action accrues, but not thereafter: Held, that the plea presented no bar to an action on the note.</p> <p>5. If a defendant was a resident of th