Reports of Cases Determined in the Appellate Courts of Illinois Volume 222

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... due course of administration as a claim of the seventh class. As to the first contention, it is our opinion that the plaintiff is in no position to raise the point now. He did not raise it by demurring to the plea of set-off. He did not raise it by proper and specific objections to the evidence offered by the defendant, on the issue raised by the plea. On the contrary, the plaintiff joined issue on the question by his replication and the whole hearing in the trial court was had on the merits of the question of whether the deceased was indebted to the defendant, as claimed, or not. As to the second contention, we are of the opinion that the trial court was warranted, under the evidence, in finding that the defendant had exhibited his claim within a year after the letters of administration were issued in the estate of Barber, the deceased. That the claims set up in the two pleas of set-off that were filed, one in August, 1918, and the other in December, 1919, were one and the same, is not denied. Further, we are unable to say from the record that the finding of the trial court, to the effect that Barber had sole control and was manager of the banking business of Barber Brothers & Company and was to all intents and purposes the owner thereof, is against the manifest weight of the evidence. Nominally, the mother of the deceased, Mrs. Lucie H. Barber, had a half interest in the business but, as one witness put it, "she never got any money except the living expenses and the running of the house." The deceased, Barber, and the partnership bank, being "to all intents and purposes" the same, and this suit having been begun by the receivers of the partnership assets, appointed by Stuart v. Lott, 222 Ill. App. 338. the...