Halladay v. Weeks
Michigan Supreme Court
Error to Jackson; Peck, J. Assumpsit by Edgar A. Halladay, administrator of the estate of Julia Oatman, deceased, against Willard C. Weeks, on certain promissory notes. From a judgment for defendant on verdict directed by the court, plaintiff brings error.
1Opinion of the CourtGrant, J.
On June 22, 1870, defendant executed to plaintiff’s intestate a promissory note for $300, due one year from date. On September 4, 1875, he executed another note for $125, due one year from date, these notes were, long before this suit was instituted, dead in the law, and could only be revived by a written acknowledgment or promise, required by the statute of limitations (section 9740, 3 Comp. Laws), which requires such acknowledgment or promise to be in writing, and signed by the party to be charged thereby. On April 4, 1899, after his appointment as administrator, plaintiff wrote to…
2Cases cited5 opinions
- Wilcox v. WilliamsNevada Supreme Court · 1869
- Eyck v. WingMichigan Supreme Court · 1848
- Richardson v. BrickerSupreme Court of Colorado · 1883
- Perkins v. CheneyMichigan Supreme Court · 1897
- Veasey v. ReevesIndiana Supreme Court · 1855
3Cited by10 opinions
- Van Buskirk v. KuhnsCalifornia Supreme Court · 1913
- Benton v. BentonSupreme Court of Kansas · 1908
- Hertzberg & Noveck v. Ira J. SpoonCourt of Appeals for the Sixth Circuit · 1982
- Wilcox v. TurnerCourt of Appeals of Georgia · 1935
- Throop v. RussellMichigan Supreme Court · 1906
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