McBride v. Noble
Supreme Court of Colorado
Error to the District Court of Las Animas County. Hon. Jesse G. Northcutt, Judge. Action by Mattie Noble against John McBride. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtJustice Campbell
Two questions are presented in this record: (1) May a creditor who holds two notes, one an individual note and one a joint note of the same debtor, apply to either note as suits his pleasure an undirected general payment made by the debtor? (2) Will an undirected payment made by a debtor, who owes two notes to the same creditor, one of which is, and the other is not, barred by .the statute of limitations, raise the bar of the statute when applied by the creditor to the note against which the statute has run, so as. to revive the cause of action against the unpaid portion of the barred debt?
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2Cases cited16 opinions
- Perot v. CooperSupreme Court of Colorado · 1891
- Ramsay v. WarnerMassachusetts Supreme Judicial Court · 1867
- Thomas v. CareySupreme Court of Colorado · 1899
- Johnson v. JohnsonSupreme Court of Missouri · 1884
- Ayer v. HawkinsSupreme Court of Vermont · 1846
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3Cited by6 opinions
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Drake v. TynerColorado Court of Appeals · 1996
- Weston Group, Inc. v. A.B. Hirschfeld Press, Inc.Supreme Court of Colorado · 1993
- Ferris v. CurtisSupreme Court of Colorado · 1912
- Mumm v. TaylorSupreme Court of Colorado · 1950
1 more not listed; retrieve them via the Exa API.