Trustees R. E. Bank v. Hartfield
Supreme Court of Arkansas
This was an action of debt, determined in the Hempstead circuit court, in Maj, 1844, before the Hon. John Field, one of the circuit judges.
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This was an action of debt, determined in the Hempstead circuit court, in Maj, 1844, before the Hon. John Field, one of the circuit judges. Sam C. Roane and others, trustees of the Real Estate Bank, sued Hartfield, Brown and Moss, on a note to the Bank, dated Dec. 21st, 1839, for $1,566 67, due 12 months after date, and assigned to the plaintiffs on the 2nd of April, 1842. Plea, actio non, infra tries annos; to which the plaintiffs replied that on the 12th of April, 1841, and less than three years before suit commenced, the defendants paid to the Plaintiffs on the note $450 41, and all…
1Opinion of the Court
By the Court,
Sebastian, J.
This is an action of assumpsit on< promissory note, to which the statute of limitations was pleaded. The. plaintiff in the circuit court replied specially, a payment made by defendants within the three years preceding the institution of the suit.. To this there was a demurrer sustained, and whether the fact replied! is a good answer to the plea, and whether it is well pleaded, are the only questions arising in the cause.
The rale is well settled upon the construction of the statute, 21 Jac. that a promise to pay a debt barred by the statute, or a direct acknowledgment…
2Cited by13 opinions
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- Schreiner v. City Nat. Bank of McAlesterSupreme Court of Oklahoma · 1919
- Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895
- Kelsay v. Kelsay Land Co.Supreme Court of Oklahoma · 1917
- Hicks v. Lusk & Co.Supreme Court of Arkansas · 1858
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