Parsons v. Carey
Supreme Court of Iowa
Appeal from Lee District Gowri. This action was commenced June 16,1868. The petition claims upon a note made June 8, 1857, due in sixty days, for $315, and alleges that “ on the 15th day of July, 1858, there was paid on said note the sum of $130.29.” A copy of the note is attached, and an indorsement thereon to the effect that the payment aforesaid was made “ by collection of one Runner.”
Read the full summary
Appeal from Lee District Gowri. This action was commenced June 16,1868. The petition claims upon a note made June 8, 1857, due in sixty days, for $315, and alleges that “ on the 15th day of July, 1858, there was paid on said note the sum of $130.29.” A copy of the note is attached, and an indorsement thereon to the effect that the payment aforesaid was made “ by collection of one Runner.” To the petition, defendant demurred, upon the ground that it appeared therefrom that the cause of action was barred by the statute of limitations. This demurrer was sustained. Plaintiff excepted and appeals.
1Opinion of the CourtWright, J.
limitations: effect of part payment ana indorsements. It is competent by demurrer, to assail any petition which shows affirmatively that its cause of action is barred by the statute. Rev. § 2961. We are then to determine whether, . * , * • , , 3 m view ot the averments of the petition, , . i , _ . 1 7 plaintiff s claim was barred at the time of commencing- this action.
The provisions of the statute bearing upon the questions involved are these: By the Code of 1851, in force when the note was made, actions upon written contracts had to be brought within ten years after their causes had accrued;…
2Cases cited4 opinions
- Smith's heirs v. DixonCourt of Appeals of Kentucky · 1861
- Sibley v. LumbertSupreme Judicial Court of Maine · 1849
- Miller v. DawsonSupreme Court of Iowa · 1868
- Sorrel v. BrewsterMichigan Supreme Court · 1850
3Cited by13 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Vanduzer v. VanduzerSupreme Court of Iowa · 1887
- Kleis v. McGrathSupreme Court of Iowa · 1905
- Martin v. Somervell CountyCourt of Appeals of Texas · 1899
8 more not listed; retrieve them via the Exa API.