Irwin v. Garretson
Ohio Superior Court, Cincinnati
mn This suit was brought upon a promissory note made by the defendant. The note was for one thousand dollars, as follows: “ $1,000. Cincinnati, January 1, 1864. “ One year after date, I promise to pay to the order of - Catherine Seybold one thousand dollars, for value received, with eight per cent, per .annum interest from date. (Signed,) “Jesse Garretson.” Indorsed: “Received, February 22, 1867, on the within note, $500.” ' (Signed,) J. E. Irwin, Adm’r.”
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mn This suit was brought upon a promissory note made by the defendant. The note was for one thousand dollars, as follows: “ $1,000. Cincinnati, January 1, 1864. “ One year after date, I promise to pay to the order of - Catherine Seybold one thousand dollars, for value received, with eight per cent, per .annum interest from date. (Signed,) “Jesse Garretson.” Indorsed: “Received, February 22, 1867, on the within note, $500.” ' (Signed,) J. E. Irwin, Adm’r.” This note is one of several, the others and the half of this having been paid. The defendant, by his answer, filed in April, 1871, claimed…
1Opinion of the CourtTaft, J.
I can not find any authority for holding that the statute ceased to run on the death of Mrs. Seybold. I do not find any decision in Ohio which has overruled or impaired the authority of Granger v. Granger, 6 Ohio, 35, where it was held, both that the statute of limitations was available against a set-off, and that when the statute had commenced to run, the death of the debtor did not prevent its continuing to run. This is according to the approved construction of the laws for the limitation of actions in England and America, unless there be some express exception in the statute itself by…
2Cases cited5 opinions
- Sherman v. Western Stage Co.Supreme Court of Iowa · 1868
- Bunce v. WolcottSupreme Court of Connecticut · 1816
- Patterson v. HanselCourt of Appeals of Kentucky · 1868
- Hull v. Deatly's adm'rCourt of Appeals of Kentucky · 1861
- Brown v. WinstanleyOhio Supreme Court · 1849