Stewart v. McMillan
Supreme Court of Iowa
Appeal from Lee Oweuit Oov/rl. This action was commenced, before a justice of the peace, upon the 26th day of January, 1869, upon a due-bill executed by the defendant, dated West Point, October 28, 1854, in these words : “ On settlement, due W. R. Stewart or order $15.35, with ten per cent.” The defendant admitted the execution of the note, and pleaded the statute of limitations.
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Appeal from Lee Oweuit Oov/rl. This action was commenced, before a justice of the peace, upon the 26th day of January, 1869, upon a due-bill executed by the defendant, dated West Point, October 28, 1854, in these words : “ On settlement, due W. R. Stewart or order $15.35, with ten per cent.” The defendant admitted the execution of the note, and pleaded the statute of limitations. On the trial, before the justice of the peace, the plaintiff recovered judgment for the full amount of the due-bill and interest. The defendant appealed to the circuit court, where, on a trial to the court, judgment…
1Opinion of the CourtCole, J.
The note sued on is dated October 28, 1854; this action was commenced on the 26th day of January, 1869; so that, by our statute (Rev., § 2740) nothing further appearing, an action on the note is barred- — - the limitation being ten years. Rut our statute, section 2742, further provides: “That such limitation shall not apply, if from the testimony of the defendant, as a witness, it appears affirmatively that the cause of action still justly subsists. This last cited section was repealed by section 35, chapter 167 of laws of 1870, which took effect April 29, 1870, with the proviso, that the…
2Cases cited2 opinions
- Hunt v. CoeSupreme Court of Iowa · 1863
- Porter v. McKinzieSupreme Court of Iowa · 1866
3Cited by1 opinion
- Fremont, Elkhorn & Missouri Valley R. R. v. WhalenNebraska Supreme Court · 1881