Reymond v. Newcomb
New Mexico Supreme Court
Error to the District Court of Dona Ana county, Third Judicial District. Facts are stated in the opinion. i. Does a part payment of principal or interest on a promissory note within the period of the statute of limitations toll the statute ? It has been the almost uniform ruling of all the English and American courts for 250 years in construing the statute of James I, c. 16, the parent of all our American statutes on the subject of limitations of actions, that a part payment…
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Error to the District Court of Dona Ana county, Third Judicial District. Facts are stated in the opinion. i. Does a part payment of principal or interest on a promissory note within the period of the statute of limitations toll the statute ? It has been the almost uniform ruling of all the English and American courts for 250 years in construing the statute of James I, c. 16, the parent of all our American statutes on the subject of limitations of actions, that a part payment takes the case out of the statute. 13 Am. and Eng. Enc. of Law, p. 751, and cases cited. This statute is a part of the…
1Opinion of the CourtCrumpacker, J.
On the twelfth of April, 1899, the plaintiff in error, Numa Reymond, filed his complaint against the defendant in error, Simon B. Newcomb, in the third judicial district court for the county of Dona Ana. Afterwards, an amended complaint was filed in the cause, and this was afterwards still further amended by the filing of a second amended complaint. To this second amended complaint the defendant filed a demurrer, which was sustained by the court, and the plaintiff in error electing to stand upon his second amended complaint, the cause of action was thereupon by the judgment of the court…
2Cases cited2 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- In re Estate of GregoryCalifornia Supreme Court · 1898
3Cited by8 opinions
- Smith v. MeadowsNew Mexico Supreme Court · 1952
- Joslin v. GregoryNew Mexico Court of Appeals · 2003
- Autovest v. AgostoNew Mexico Court of Appeals · 2021
- Citizens Bank v. TeelNew Mexico Supreme Court · 1987
- Featherstone v. Bureau of RevenueNew Mexico Supreme Court · 1954
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