Clark v. Burn
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of July Term 1875, No. 48. Assumpsit by H. B. Burn and J. R. Hinkson, administrators of Eli W. Hinkson deceased, against Maris T. Clark, on the following note:— “$400 Highland, March 30th 1867. One year after date we promise to pay 'to Eli W. Hinkson, or order, the sum of four hundred dollars, with interest, without defalcation, for value received. Ferdinand E. Groce, Marts T. Clark.”
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Error to the Court of Common Pleas of Chester county: Of July Term 1875, No. 48. Assumpsit by H. B. Burn and J. R. Hinkson, administrators of Eli W. Hinkson deceased, against Maris T. Clark, on the following note:— “$400 Highland, March 30th 1867. One year after date we promise to pay 'to Eli W. Hinkson, or order, the sum of four hundred dollars, with interest, without defalcation, for value received. Ferdinand E. Groce, Marts T. Clark.” With the following endorsements thereon, viz : “ Rec’d March 25,’68, on the within one year’s interest. Eli W. Hinkson.” “ Rec’d March 16,’69, on the within…
1Opinion of the CourtChief Justice Agnew
The judgment in this case overturns an express decision, and takes a step backward from the modern doctrine upon the Statute of Limitations. Groce and Clark gave their joint note to Ilinkson. Hinkson endorsed payments of interest and principal on the note within six years from its date; but failed to specify by whom the payments were made; and no evidence was given to show that any payment was made by Clark. Upon this state of facts was the bar of the Statute of Limitations removed as to Clark ? The simple proposition is that a general endorsement by the plaintiff will take the case out of…
2Cited by4 opinions
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- Homewood Peoples Bank v. McCutcheonSupreme Court of Pennsylvania · 1920
- Schofield v. TwiningU.S. Circuit Court for the District of Eastern Pennsylvania · 1904