{
  "id": 5384534,
  "name": "Carrie Killian, Administratrix, Defendant in Error, v. Vaclav Tesar, Plaintiff in Error",
  "name_abbreviation": "Killian v. Tesar",
  "decision_date": "1915-02-24",
  "docket_number": "Gen. No. 19,502",
  "first_page": "476",
  "last_page": "478",
  "citations": [
    {
      "type": "official",
      "cite": "191 Ill. App. 476"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 205,
    "char_count": 2408,
    "ocr_confidence": 0.52,
    "sha256": "f30c3a67f1294efdb11b13279aae98c103fea787b44e2097e998611300eb4421",
    "simhash": "1:0a7b80c5921bcedd",
    "word_count": 415
  },
  "last_updated": "2023-07-14T16:18:11.463405+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Carrie Killian, Administratrix, Defendant in Error, v. Vaclav Tesar, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.\n2. Limitation of actions, \u00a7 117 \u2014when 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.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Q. J. Chott, for plaintiff in error.",
      "James W. Burke, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Carrie Killian, Administratrix, Defendant in Error, v. Vaclav Tesar, Plaintiff in Error.\nGen. No. 19,502.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Joseph E. R\u00edan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed with finding of facts.\nOpinion filed February 24, 1915.\nStatement of the Case.\nAction by Carrie Killian, administratrix of the estate of her mother, Josephine Novak, deceased, against Vaclav Tesar to recover on- a note executed April 6, 1890, due two years after date and payable to decedent. Letters of administration were issued to plaintiff on September 7, 1912, and on September 13, 1912, the action was commenced. Plaintiff alleged that a \u201cpart payment of $150 was made by defendant in 1905, and a new written promise to pay, dated June 29,1912, was made by defendant to plaintiff.\u201d\nAbstract of the Decision.\n1. Limitation of actions, \u00a7 117 \u2014when 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.\nThe instrument relied on as constituting a new promise was as follows:\n\u201cJune 29, 1912.\nDear Niece:\nI am very sorry but I cannot give yon any money just now, as I had taxes to pay and the street. Just as soon as I can I will settle with you.\nV. Tesar.\u201d\nPlaintiff claimed that the promise was in response to a letter she had written defendant demanding the money.\nDefendant denied the sending of the letter, testifying that aside from a few words he was unable to write English. He also claimed that he had paid all sums due from him to the estate and set up the statute of limitations.\nFrom a judgment for plaintiff for $652, defendant brings error.\nQ. J. Chott, for plaintiff in error.\nJames W. Burke, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, samp topic and section number."
  },
  "file_name": "0476-01",
  "first_page_order": 520,
  "last_page_order": 522
}