Tufts v. Rice

Case # 149

Appellant/Plaintiff

Samuel Tufts

Appellee/Defendant

Thomas K. Rice

Appellant/Plaintiff Attorneys

  • Henry Starr

Appellee/Defendant Attorneys

  • Smith

County of Origin

Madison County

Justice

Justice Thomas Reynolds

Terms of Court

December 1822

Type of Case

Assumpsit

Disposition

Reversed

Citation

1 Ill 64

Case Summary

Tufts sued Rice in an action of assumpsit to recover a $25 promissory note dated 1812. Rice pleaded the statute of limitations, and the circuit court ruled for Rice. Tufts appealed to the Illinois Supreme Court, which reversed the judgment. The Court ruled that the statute of limitation act was passed in 1819, so the five year limitation had not yet expired when Tufts originally brought suit.

Illinois Reports File