Walsh v. Mayer
Supreme Court of the United States
APPEALS XROM THE CIRCUIT COURT OX THE UNITED STATES XOR THE SOUTHERN DISTRICT OX MISSISSIPPI. On the 2d day of January, 1866, the defendants, J. D. Mayer & Co., purchased from William Barnes, who then resided in the city of New Orleans, and the said defendants then being residents of the State of Arkansas, the hotel property situate in Mississippi City, in • this State (Mississippi), known as the Barnes Hotel, and to secure the payment of the last instalment of the purchase…
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APPEALS XROM THE CIRCUIT COURT OX THE UNITED STATES XOR THE SOUTHERN DISTRICT OX MISSISSIPPI. On the 2d day of January, 1866, the defendants, J. D. Mayer & Co., purchased from William Barnes, who then resided in the city of New Orleans, and the said defendants then being residents of the State of Arkansas, the hotel property situate in Mississippi City, in • this State (Mississippi), known as the Barnes Hotel, and to secure the payment of the last instalment of the purchase money, executed their promissory note for $7,500, payable two years after dale, with six per cent, -interest thereon…
1Opinion of the CourtJustice Matthews
After reciting the facts in the foregoing language, he continued.
Two questions arose on the facts; first, whether the bar of the statute of limitations was prevented by a sufficient acknowledgment or promise by the defendants as ' makers of the note ; and second, whether the usurious interest paid by them could be applied in reduction of the principal debt.
The Circuit Court rightly held that the statutd-of limitations of Mississippi, being the law of the forum, Avas the one applicable to the case. Section 2161 of the Revised Code of Mississippi, 1S71, provides that actions on promissory notes…
2Cases cited6 opinions
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- Barnet v. National BankSupreme Court of the United States · 1879
- Driesbach v. National BankSupreme Court of the United States · 1881
- Cook v. LilloSupreme Court of the United States · 1881
- Weaver v. MaillotSupreme Court of Louisiana · 1860
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