Howe v. Saunders
Supreme Judicial Court of Maine
On Facts Agreed. Assumpsit. The writ was dated ou Feb. 16, 1852, and made upon a note signed by defendant, of the following tenor and indorsements. “For value received, I promise to pay Charles Peavy, or order, the sum of eighty-one dollars, and fifty-five cents, on demand with interest. Eastport, Nov. 30, 1830.” On the back of the note was the following: — “Charles Peavey, without recourse. March 7, 1832. Received of the within seventy-five dollars.”
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On Facts Agreed. Assumpsit. The writ was dated ou Feb. 16, 1852, and made upon a note signed by defendant, of the following tenor and indorsements. “For value received, I promise to pay Charles Peavy, or order, the sum of eighty-one dollars, and fifty-five cents, on demand with interest. Eastport, Nov. 30, 1830.” On the back of the note was the following: — “Charles Peavey, without recourse. March 7, 1832. Received of the within seventy-five dollars.” Within one year previously to the making of the writ, according to the deposition of D. T. Granger, the defendant went into deponent’s office,…
1Opinion of the CourtShepley, C. J.
— The note presented in this case having been made payable more than twenty years before the commencement of the suit, the statute of limitations will prevent a recovery of it, unless a new promise within twenty years can be inferred from the testimony and indorsements made within that time.' The indorsement having been made by the plaintiff, is not, by the provisions of the statute -c. 146, § 23, to be “ deemed sufficient proof of payment.” It may however, be considered in connexion with other testimony, tending to prove an actual payment of the sum indorsed.
The note was made on Nov. 30,…
2Cases cited6 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1818
- Martin v. WilliamsNew York Supreme Court · 1820
- Ames v. Le RueU.S. Circuit Court for the District of Michigan · 1840
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