Wise v. Adair
Supreme Court of Iowa
Appeal from Jasper District Gowrt. Action upon an account for eight hundred? and thirty-two dollars and fifty-two cents, which account accrued more than five years prior to the commencement of the action. The plaintiff, however, alleges that the same was taken out of the statute of limitations by the written admission of the defendant that the debt was unpaid. The answer was a general denial. There was a trial without a jury. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtAdams, J.
i. evidence : parol to explain writing. The writing upon which the plaintiff relies purports to be a letter, and is in the following words : “Dear Sister : How will it suit you to make three notes of the amount due you, as you say you intend it for the children ? Say make one due this fall (October 15), and the next due in one year after that, and in twelve months after that the third one due, bearing interest say from January 1, 1877. Say for the oldest, two hundred and fifteen dollars, October 15, 1877; for the next, two hundred and thirty-five dollars, October 15, 1878; and for the…
2Cases cited1 opinion
- Penley v. WaterhouseSupreme Court of Iowa · 1856
3Cited by5 opinions
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Kleis v. McGrathSupreme Court of Iowa · 1905
- Miller v. BeardsleySupreme Court of Iowa · 1890
- Nelson v. HansonSupreme Court of Iowa · 1894
- Lackey v. MelcherSupreme Court of Iowa · 1938