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WACKMAN v. UNSCHULD

No. 9574.

172 F.2d 627 (1949)

WACKMAN v. UNSCHULD.

United States Court of Appeals Seventh Circuit.

February 16, 1949.

Attorney(s) appearing for the Case

Milton K. Joseph, of Chicago, Ill., for appellant.

Vincent O'Brien and Richard E. Voland, both of Chicago, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and WHAM, District Judge.

KERNER, Circuit Judge.

Minnie Etta Wackman brought an action against defendant on his promissory note dated April 23, 1934, payable on October 23, 1934. Jurisdiction was based upon diversity of citizenship and requisite amount. The action having been brought on September 6, 1946, defendant interposed as a defense the Illinois 10-year Statute of Limitations. Mrs. Wackman set up a new promise within ten years immediately preceding the commencement of the action. The...

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