Kellogg v. Dickinson
Massachusetts Supreme Judicial Court
The eirst case was an action of contract against the administrator of the estate of Porter Dickinson, to recover a balance due the plaintiff as the holder and owner of the following promissory note : “ Amherst, January 9th, 1847. For value received, I promise to pay James Kellogg, or order, five hundred dollars, in one year from date, with interest. Porter Dickinson.”
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The eirst case was an action of contract against the administrator of the estate of Porter Dickinson, to recover a balance due the plaintiff as the holder and owner of the following promissory note : “ Amherst, January 9th, 1847. For value received, I promise to pay James Kellogg, or order, five hundred dollars, in one year from date, with interest. Porter Dickinson.” Upon the note was the following indorsement: “Amherst, January 8, 1853. Paid on the within note ten dollars, and agree that I will not take any advantage of the statute of limitations. Porter Dickinson.” Writ dated May 9, 1887.…
1Opinion of the CourtKnowlton, J.
The first of these actions was brought to recover the balance of a promissory note for $500, owned by the plaintiff, and signed by the defendant’s intestate, dated January 9, 1847, payable one year after date, and bearing an indorsement in these words: “ Amherst, January 8, 1853. Paid on the within note ten dollars, and agree that I will not take any advantage of the statute of limitations. Porter Dickinson.” The second is a writ of entry to foreclose a mortgage given to secure payment of this note. Both suits were commenced on May 9,1887. There was no evidence, outside of the papers, that…
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