Willoughby v. Irish
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Bamsey county, Wilkin, J., presiding, refusing a new trial after a trial by the court. The action was brought April 6, 1884, upon a note in the following words, viz.: “Newport, April 29th, 1867. For value received, we or either of us promise to pay to John Willoughby, or order, $400, six months after date, with use at twelve per cent, per an-num. E. -M-. Shelton, Joseph Irish.”
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Appeal by plaintiff from an order of the district court for Bamsey county, Wilkin, J., presiding, refusing a new trial after a trial by the court. The action was brought April 6, 1884, upon a note in the following words, viz.: “Newport, April 29th, 1867. For value received, we or either of us promise to pay to John Willoughby, or order, $400, six months after date, with use at twelve per cent, per an-num. E. -M-. Shelton, Joseph Irish.” The defendant Irish, who alone answered, pleaded the statute of limitations as a bar to the action. The court found, as facts, that defendant Irish never paid…
1Opinion of the CourtYanderburgh, J.
Willoughby held the joint note of Shelton and Irish, Shelton being the principal debtor. The latter, before the statute of limitations had run, made partial payments upon the note, acting severally for himself. Plaintiff has brought this action against both joint makers, claiming that the separate payments of Shelton arrested the operation of the statute alike as to both. The defendant Irish has answered, setting up the statute as a bar to plaintiff’s claim. The question is therefore fairly presented for the first time for determination in this court, under the present statute, whether a…
2Cases cited14 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
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