NATIONAL SUPPLY CO. v. BURNS, 322 Ill. App. 181 (1944)

54 N.E.2d 61

National Supply Company — Midwest, Appellant, v. Jay E. Burns, Appellee.

Gen. No. 42,891. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed April 3, 1944

LIMITATIONS OF ACTION, § 87[*] — when contention that defendant’s absence from State tolled running of statute not sustained by evidence. Where plaintiff commenced original action in debt based on judgment of another State, and defendant defended on ground that other State had no jurisdiction, and some ten years thereafter, plaintiff filed amended complaint for goods sold and delivered, plaintiff’s contention that action was not barred by ten-year statute of limitations because defendant was absent from State for four and one-half years was not. sustained by evidence.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the Circuit Court of Cook county; the Hon. BURTON A. ROETH, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the December term, 1943.

Page 182

Goldman, Allshouse Healy, for appellant;

Robert G. Dreffein and M.M. Loman, of counsel;

Raymond W. Beach, for appellee.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed April 3, 1944.