Taylor v. Hendrie
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lander County. This was an action by the plaintiff as administrator of the estate of John Huber, deceased, to recover $402 52 on a promissory note, made November 2, 1866, and more than four years before. the commencement of suit by defendant to Thompson Richards, and by him indorsed to plaintiff’s intestate.
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Appeal from the District Court of the Sixth Judicial District, Lander County. This was an action by the plaintiff as administrator of the estate of John Huber, deceased, to recover $402 52 on a promissory note, made November 2, 1866, and more than four years before. the commencement of suit by defendant to Thompson Richards, and by him indorsed to plaintiff’s intestate. The cause was tried by the court below without a jury and resulted in findings and judgment in favor of plaintiff — it being there held that the letter of defendant to Curtis, set out in the opinion, was a sufficient…
1Opinion of the Court
By the Court,
Whitman, C. J.:
To this action on a promissory note the appellant interposed a plea of the statute of limitations. To take the case therefrom the respondent relied upon the following letter :
“Hamilton, Jan. 14, 1869.
“Mr. A. A. Curtis :
Dear Sir: — I received a letter from some one, I suppose it was from' Huber, it had no signature. I send you five hundred dollars and want you to send me his note and apply the balance on Richards’ note and I will send the balance on receipt of your letter.
Tours truly,
W. Hendrie.”
*246Upon the Richards’ note (the one in suit), of which at the date of the…
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