Case Details

McAllister v. Ely

Case # Not Listed

Appellant/Plaintiff

Archibald McAllister

Appellee/Defendant

Zebulon S. Ely

Appellant/Plaintiff Attorneys

William K. McAllister

Appellee/Defendant Attorneys

Horatio G. Shumway, Horace F. Waite, Towne

County of Origin

Cook County

Justice

Justice Onias C. Skinner

Terms of Court

April 1857

Disposition

Reversed

Citation

18 Ill 249

Case Summary

In an action of assumpsit concerning a promissory note, the plaintiff, surviving payee, sued the defendant, surviving maker. The defendant pleaded that the principal debtor, Jacob E. Depuy, was known to be insolvent and demanded the plaintiff to sue, but the plaintiff failed to do so within a reasonable time. The suit was initiated two years after the notice to sue. The court reversed the judgment, as failure to sue within a reasonable time bars action against the security.