Marvin v. Bates
Supreme Court of Missouri
ERROR TO HENRY CIRCUIT COURT. This was an action of assumpsit brought in the Henry Circuit Court in April, 1848, by Marvin as administrator of Bates against A. W. Bates upon three several promissory notes bearing date October 10th, 1828, payable, one on the first of January, 1881, the second first of January, 1833, and the third, first of ■January, 1834; for one hundred dollars each. Said notes were executed by the defendant, A. W. Bates, to the plaintiff’s intestate.
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ERROR TO HENRY CIRCUIT COURT. This was an action of assumpsit brought in the Henry Circuit Court in April, 1848, by Marvin as administrator of Bates against A. W. Bates upon three several promissory notes bearing date October 10th, 1828, payable, one on the first of January, 1881, the second first of January, 1833, and the third, first of ■January, 1834; for one hundred dollars each. Said notes were executed by the defendant, A. W. Bates, to the plaintiff’s intestate. The defendant, at the return term of the writ, filed his plea of the general issue, under and conformable to the statute of…
1Opinion of the CourtRyland, J.
The single question for our adjudication arises upon the construction of the term “ beyond seas ” in the statute of limitations passed by our Legislature in 1825, as that'’statute must govern this case.
This question, has heretofore come before this court. In the case of Shreve v. Whittlesey, Adm’r, &c., reported in 7 Missouri Reports, page 475, the majority of the Judges then constituting this court, decided, that the term “beyond seas” meant in that statute “out of this State.” Judge Napton dissented from this opinion. Although I have great respect for the opinions of my predecessors, I…
2Cases cited1 opinion
- The Bank of Alexandria, in Error v. Edward and Francis Dyer, in ErrorSupreme Court of the United States · 1840
3Cited by5 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Welp v. BogyMissouri Court of Appeals · 1925
- O'Neil v. C. Young & Sons' Seed & Plant Co.Missouri Court of Appeals · 1894
- Fackler v. FacklerSupreme Court of Missouri · 1851