Penley v. Waterhouse
Supreme Court of Iowa
Appeal from the Linn District Court. The petition in tbis case, claims to recover on a promissory note, made at Portland, Maine, and dated October 8tb, 1844, payable on demand, with interest. The suit was commenced July 9 th, 1855. The defendant, among other defences, pleads the statute of limitations.
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Appeal from the Linn District Court. The petition in tbis case, claims to recover on a promissory note, made at Portland, Maine, and dated October 8tb, 1844, payable on demand, with interest. The suit was commenced July 9 th, 1855. The defendant, among other defences, pleads the statute of limitations. To this defence, plaintiff replied, first, that from the month of May, 1850, until February, 1853, defendant was a non-resident of the state; and second, that defendant did within six years next before the first day of July, 1851, undertake and promise to pay said note, and did within that time…
1Opinion of the Court
Weight, O. J.
Brevity may be consulted, by considering the errors assigned in this case, under two heads. First. Were the instructions asked, improperly refused ? and if not, Second. Was the verdict warranted from the evidence ? Before coming to the consideration of the first question, how*433ever, we propose to dispose of some positions assumed by appellant, which can hardly be said to be involved in the instructions asked. ^
He claims that the statute of 1843, contains no provision for reviving a. debt by a subsequent promise, and that, therefore, such promise will not bind the defendant, so as…
2Cases cited11 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Sands v. GelstonNew York Supreme Court · 1818
- Fowle v. Common Council of AlexandriaSupreme Court of the United States · 1826
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3Cited by25 opinions
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