Brown v. State Bank
Supreme Court of Arkansas
Writ of Error to Washington Circuit Court. On the 3d day of April, 1848, the Bank of tbe State of Arkansas commenced an action of debt, in the Circuit Court of Washington county, against Robert H. Brown, on a promisory note for $136, executed to her by defendant as principal, and John B. Brown and Newton W. Brown (who were not sued) as securities, dated the 6th day of September, 1842, payable six months after date at the Branch of said Bank at Fayetteville.
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Writ of Error to Washington Circuit Court. On the 3d day of April, 1848, the Bank of tbe State of Arkansas commenced an action of debt, in the Circuit Court of Washington county, against Robert H. Brown, on a promisory note for $136, executed to her by defendant as principal, and John B. Brown and Newton W. Brown (who were not sued) as securities, dated the 6th day of September, 1842, payable six months after date at the Branch of said Bank at Fayetteville. Defendant pleaded nil debet, and that the cause of action did not accrue to plaintiff within three years next before the commencement of…
1Opinion of the CourtJustice Scott
The only question in this case relates to the sufficiency of the written acknowledgment, relied upon by the Bank, to save this cause of action from the statute bar of three years. In the case of the State Bank vs. Elijah B. Alston, 4 English’s Rep. 455, it was remarked that “if a debt is sought to. be revived not by part payment but by a written acknowledgment of the debt, that must be an express acknowledgment of the debt as a debt due at the time, or else it must be an express written promise to pay it, which latter necessarily presupposes such an acknowledgment (Davidson vs. Morris, 5…
2Cases cited9 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- McCluny v. SillimanSupreme Court of the United States · 1830
- Wetzell v. BussardSupreme Court of the United States · 1826
- Sands v. GelstonNew York Supreme Court · 1818
- Moore v. President of the Bank of ColumbiaSupreme Court of the United States · 1832
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