Rogers v. Durant
140 U.S. 298 (1891)

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U.S. Supreme Court

Rogers v. Durant, 140 U.S. 298 (1891)

Rogers v. Durant

No. 318

Submitted April 16, 1891

Decided May 11, 1891

140 U.S. 298

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

A bank check is a "bill of exchange" within the meaning of that term as used in the Statutes of Illinois prescribing the term of five years after the cause of action accrues, and not thereafter, as the time within which an action founded upon it must be commenced.

This was an action of assumpsit brought by Henry J. Rogers, January 26, 1884, against William F. Durant and others, as "surviving partners of the late firm of James W. Davis and associates," in the Circuit Court of the United States for the Northern District of Illinois, upon twenty instruments in writing bearing various dates from April 12, 1869, to February 12, 1870. Durant alone was served with process. The original declaration consisted of the common counts, and was subsequently amended by the addition of special counts upon each of the pieces of paper sued on, describing eighteen of them as bills of exchange and two as banker's

Page 140 U. S. 299

checks. All were payable at sight or on short time after date, and it was admitted that more than five years had elapsed after they became due before action was brought. The defendant filed eight pleas, which were ordered to stand as pleas to the amended declaration. The fourth plea was as follows:

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