Beck v. Haas
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. (1) Mere payment of money, within ten years, by the debtor to the creditor, does not take a note out of the statute of limitations; the payment,, to have such effect, must have been made on the note. Loeffel v. Harris, 11 Mo. App. 135; Phillips v. Mahan, 52 Mo. 197. (2) Upon the death of a married woman the trust, as to' any property held simply to her separate use, ceases— the trustee has no further title.
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Appeal from the Jefferson Circuit Court, Hon. John L. Thomas, Judge. (1) Mere payment of money, within ten years, by the debtor to the creditor, does not take a note out of the statute of limitations; the payment,, to have such effect, must have been made on the note. Loeffel v. Harris, 11 Mo. App. 135; Phillips v. Mahan, 52 Mo. 197. (2) Upon the death of a married woman the trust, as to' any property held simply to her separate use, ceases— the trustee has no further title. Roberts v. Moseley, 51 Mo. 286; Balter v. Nall, 59 Mo. 265; Liptrot v. Holmes, 1 Gfa. 390; Steacy v. Rice, 27 Pa. St.…
1Opinion of the CourtThompson, J.
This action is brought to recover on a promissory note for nine hundred dollars, given by the defendant and another to the plaintiff on the nineteenth of October, 1871, and payable one year after date. The note was barred by limitation at the time the action was commenced, unless it was taken out of the statute by *182.'reason ■ of cértain part payments alleged to have been made -by* the defendant and endorsed by the plaintiff ' thereon. • 'In- -respect of these-'part-payments, the evidence showed that the defendant was indebted to the' plaintiff upon this promissory note, upon another promissory…
2Cases cited10 opinions
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Block v. DormanSupreme Court of Missouri · 1872
- Shannon v. AustinSupreme Court of Missouri · 1878
- Phillips v. MahanSupreme Court of Missouri · 1873
- County of Vernon ex rel. School Fund v. StewartSupreme Court of Missouri · 1877
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3Cited by7 opinions
- Beck v. HaasSupreme Court of Missouri · 1892
- Miller v. MillerMissouri Court of Appeals · 1913
- McBride v. NobleSupreme Court of Colorado · 1907
- Wilden v. McAllisterSupreme Court of Missouri · 1903
- Park Bank v. SchneidermeyerMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.