Perry v. Ellis
Mississippi Supreme Court
Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. On thé 3d of March, 1876-, N. C. Perry lent W. N. Beauchamp one thousand five hundred dollars, and took his promissory note, due twelve months after the date thereof, for the sum of one thousand seven hundred and twenty-five dollars (being the principal of the amount of the loan with a year’s interest at the rate of fifteen per cent, per annum), payable to “ N. C. Perry.”
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Appeal from the Chancery Court of Hinds County. Hon. E. G. Peyton, Chancellor. On thé 3d of March, 1876-, N. C. Perry lent W. N. Beauchamp one thousand five hundred dollars, and took his promissory note, due twelve months after the date thereof, for the sum of one thousand seven hundred and twenty-five dollars (being the principal of the amount of the loan with a year’s interest at the rate of fifteen per cent, per annum), payable to “ N. C. Perry.” To secure the payment of this note Beauchamp executed a deed of trust upon a certain tract of land to W. D. Anderson, as trustee, for the benefit…
1Opinion of the CourtCooper, C. J.
Neither the payment of the annual interest on the debt nor the payment of a part of the principal is sufficient under our statute to withdraw it from the operation of the statute of limitations. It is true that under the act of 9 Geo. IV (Lord Tenterden’s act) it was held that a part payment was sufficient evidence of a continued recognition of or new promise to pay a debt which would otherwise have been barred, but this was because the words of that statute were that “ no acknowledgment or promise by words only shall- be deemed sufficient evidence of a new or continuous contract, etc.,…
2Cases cited7 opinions
- Anding v. DavisMississippi Supreme Court · 1860
- Hodgdon v. ChaseSupreme Judicial Court of Maine · 1848
- Bacon v. GrayMississippi Supreme Court · 1851
- Fearn v. ShirleyMississippi Supreme Court · 1856
- Pearson v. McMillanMississippi Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Strong v. Sunset Copper Co.Washington Supreme Court · 1941
- Eilke v. RiceCalifornia Supreme Court · 1955
- In Re Estate of KneereamWest Virginia Supreme Court · 1938