Henderson v. Ilsley ex rel. Woodlief
Mississippi Supreme Court
In error from the circuit court of Warren county; Hon. George Coalter, judge. In March, A. D. 1843, Francis Ilsley, for the use of Duvivier Woodlief &, Co., sued John Henderson, executor of Valentine C. Ray, deceased, in assumpsit, upon two notes; one for $3637, due January 1, 1835, the other for $3666, due February 1, 1835; both dated October 10th, 1833; each payable to B. Hughes, and by him indorsed to R. H. Buckner, and by Buckner to the plaintiff.
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In error from the circuit court of Warren county; Hon. George Coalter, judge. In March, A. D. 1843, Francis Ilsley, for the use of Duvivier Woodlief &, Co., sued John Henderson, executor of Valentine C. Ray, deceased, in assumpsit, upon two notes; one for $3637, due January 1, 1835, the other for $3666, due February 1, 1835; both dated October 10th, 1833; each payable to B. Hughes, and by him indorsed to R. H. Buckner, and by Buckner to the plaintiff. The declaration contained a count also for money had and received, and a promise by the executor. The defendant plead 1, non-assumpsit; 2, the…
1Opinion of the CourtChief Justice ShaRKey
This action was brought by defendant in error to recover a balance alleged to be due on two promissory notes which had been given by Ray, the plaintiff’s testator, to R. H. Buckner. The executor pleaded the limitations of six years; and also that the claim was barred because it had not been presented within *16eighteen months after publication of notice by the executor. From the date of the notes it was evident the statute had created a bar; but the plaintiff sought to avoid it by relying on the promises of payment made by the executor within six years next before the commencement of the action;…
2Cases cited5 opinions
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Thompson v. PeterSupreme Court of the United States · 1827
- Fritz v. ThomasSupreme Court of Pennsylvania · 1836
- Johnson v. BeardsleeNew York Supreme Court · 1818
- Hammon v. HuntleyNew York Supreme Court · 1825
3Cited by1 opinion
- Whitehead v. PufferMississippi Supreme Court · 1940