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Winifred F. Fleming, Appellee, v. Thomas Dono

LIMITATIONS OF ACTION, § 248 — insufficiency of evidence of part payment of alleged oral loan. Under evidence, held that plaintiff was not entitled to recover on alleged oral loan claimed to have been made more than 16 years before suit was brought, notwithstanding there was testimony of part payment less than 5 years previously, where there was no effort to get original, or to introduce copy which was claimed to be in plaintiff's hands, of alleged written receipt for such part payment.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE NIEMEYER.

Not to be published in full. Opinion filed December 11, 1944; released for publication December 27, 1944.

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FLEMING v. DONOVAN
(Dec 11, 1944)