Miller v. Beardsley
Supreme Court of Iowa
Appeal from, Fremont District Court.— How. A. B. Thornell, Judge. ACTION commenced March 15, 1889, to recover upon two promissory notes for fifteen hundred dollars each, dated March 20, 3875, one due in two, and the other in three, years after date.
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Appeal from, Fremont District Court.— How. A. B. Thornell, Judge. ACTION commenced March 15, 1889, to recover upon two promissory notes for fifteen hundred dollars each, dated March 20, 3875, one due in two, and the other in three, years after date. By an amendment plaintiff alleged that on March 28, 1886, the defendant wrote, signed and mailed to plaintiff a letter concerning said notes, which was received by plaintiff, and is as follows : “It is some time since I wrote; thought I would write you a few lines. On Saturday, the twenty-seventh inst., I paid S. S. Wilcox interest on nine…
1Opinion of the CourtGivek, J.
I. The causes of action stated, are confessedly barred unless revived under section 2539, of the Code, which provides that “causes of action founded on contract are revived by an admission that the debt is unpaid, as well as by a new promise to pay the same. But such an admission or new promise must be ip writing, signed by the party to be charged thereby.” The admission or promise can only be proven by such writing, but when an admission or promise is so evidenced, other proofs are admissible to' show the writing, and that the debt admitted or promised to be paid is the particular debt sued…
2Cases cited4 opinions
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Collins v. BaneSupreme Court of Iowa · 1872
- Stout v. MarshallSupreme Court of Iowa · 1888
- Wise v. AdairSupreme Court of Iowa · 1878
3Cited by10 opinions
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Senninger v. RowleySupreme Court of Iowa · 1908
- Kleis v. McGrathSupreme Court of Iowa · 1905
- McConaughy v. WilseySupreme Court of Iowa · 1902
- Koht v. DeanSupreme Court of Iowa · 1935
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