Wood v. Wylds
Supreme Court of Arkansas
Writ of Error to St. Francis Circuit Court. The facts of this case sufficiently appear in the opinion of the court. The following instruction was asked by Wyld and given by the court, to which Wood excepted; If the jury believe from the evidence that the defendant paid the sum of $306 50 within five years next after the date of the writing obligatory sued on, and did not direct or order the plaintiff to apply said payment, and the payment was applied by the plaintiff as a…
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Writ of Error to St. Francis Circuit Court. The facts of this case sufficiently appear in the opinion of the court. The following instruction was asked by Wyld and given by the court, to which Wood excepted; If the jury believe from the evidence that the defendant paid the sum of $306 50 within five years next after the date of the writing obligatory sued on, and did not direct or order the plaintiff to apply said payment, and the payment was applied by the plaintiff as a credit on the note within five years, they must find that fact for the plaintiff. Wood asked the court to give the…
1Opinion of the CourtJustice Walkee
This was an action of debt instituted on a writing obligatory. The defendant, with other pleas, filed his plea of limitations, out of which arises the only question presented for our consideration. The plaintiff replied part payment within five years and before the statute bar had accrued : to which the defendant rejoined, first, that no such payment was made; second, that payment was applied to the bond in suit without defendant’s consent after the cause of action had been barred and in fraud of his (defendant’s) rights, and concluded with a verification; to which the plaintiff surrejoined,…
2Cases cited3 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Hunt v. BurrelNew York Supreme Court · 1809
- Thomas v. Ross & ShawNew York Supreme Court · 1832
3Cited by1 opinion
- Haver v. SchwyhartMissouri Court of Appeals · 1890