Smith v. Zimmerman
Missouri Court of Appeals
Appeal -from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The note was barred by the statute of limitation over eleven years, when suit was brought on the third day of July, 1884. Respondent sought to avoid the effect of the statute by proving that the sum of $50 had been paid upon the note by appellant on the fourth day of July, 1874. The indorsement by which this is sought to be effected is in pencil, and is as follows: ‘ ‘ July 4, by cash $50.” The year of…
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Appeal -from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The note was barred by the statute of limitation over eleven years, when suit was brought on the third day of July, 1884. Respondent sought to avoid the effect of the statute by proving that the sum of $50 had been paid upon the note by appellant on the fourth day of July, 1874. The indorsement by which this is sought to be effected is in pencil, and is as follows: ‘ ‘ July 4, by cash $50.” The year of the pretended payment is not mentioned. Respondent, over the objection of appellant, attempted to prove by the…
1Opinion of the CourtSmith, P. J.
This was a suit commenced on July 3, 1884, on a promissory note dated February 24,1873, due thirty days after date, for the sum of $507, with a number of credits thereon indoi’sed, the last of which was for $50, date July 4, 1874. The defense-was the statute of limitations. The plaintiff had. judgment, and the defendant appeals.
The defendant insists that the trial court erred in-the admission of certain evidence, but upon examination of the motion for the new trial this error is not made one of the grounds therefor, so that we cannot, review the action' of the court in that respect. Although…
2Cases cited8 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Bevin v. PowellMissouri Court of Appeals · 1881
- Swayze v. BrideMissouri Court of Appeals · 1889
- State ex rel. Richardson v. JamesSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Crow v. CrowMissouri Court of Appeals · 1907
- Nelson v. Kansas City, Fort Scott & Southern Railway Co.Missouri Court of Appeals · 1896
- Brown v. CarsonMissouri Court of Appeals · 1908
- Arnold v. Hartford Fire InsuranceMissouri Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.