Legal Opinion

Henderson v. Ilsley ex rel. Woodlief

Mississippi Supreme Court

Decided November 15, 1848PublishedCited by 1 opinion

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.

Read the full summary

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

  1. Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
  2. Thompson v. PeterSupreme Court of the United States · 1827
  3. Fritz v. ThomasSupreme Court of Pennsylvania · 1836
  4. Johnson v. BeardsleeNew York Supreme Court · 1818
  5. Hammon v. HuntleyNew York Supreme Court · 1825

3Cited by1 opinion

  1. Whitehead v. PufferMississippi Supreme Court · 1940

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API