Tagart v. Indiana
Supreme Court of Missouri
APPEAL from Jefferson Circuit court. The appellant, in this court relies on the statute of limitations: 1. It is insisted, that as to Slone, the statute of limitations commenced running on the 5th of April 3838, and the statute became a defence after the 5th of April 1848, more than two years before suit was instituted in the county court of Jefferson county. 2. The payment of interest, by the principal in Ihe note, does not effect the rights of the security to plead the…
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APPEAL from Jefferson Circuit court. The appellant, in this court relies on the statute of limitations: 1. It is insisted, that as to Slone, the statute of limitations commenced running on the 5th of April 3838, and the statute became a defence after the 5th of April 1848, more than two years before suit was instituted in the county court of Jefferson county. 2. The payment of interest, by the principal in Ihe note, does not effect the rights of the security to plead the statute after the expiration often years. 3. Slone left Indiana without fraud or concealment, and with notice to the agent…
1Opinion of the Court
Rylan», J.,
delivered the opinio»: of the court.
This was an action upon a penal bond for six hundred’ dollars, in favor of the State of Indiana, conditioned for the payment of three hundred dollars on the 6th of April 1838, by William Dixen, Peter Johnson and John Slone. Dixen appears to be principal and Johnson and Slone securities.
The bond was exhibited for allowance on the 19th day of September 1849, and was allowed against Slone’s estate at the September term 1850, of the Jefferson county court. An appeal was taken to the circuit court, where judgment was again given against the estate,…
2Cases cited7 opinions
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Andrews v. HerriotNew York Supreme Court · 1825
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
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- Byrne v. CrowninshieldMassachusetts Supreme Judicial Court · 1820
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3Cited by10 opinions
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