Walker v. Wykoff
Supreme Court of Alabama
Writ of Error to the Clerk of the Circuit Court of Dallas-Before the Hon. N. Cook. Assumpsit by the defendants in error, on a promissory note-for $4,455 76. The defendants, among other pleas, pleaded the statute of limitations, to which the plaintiff replied, m subsequent promise within six years.
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Writ of Error to the Clerk of the Circuit Court of Dallas-Before the Hon. N. Cook. Assumpsit by the defendants in error, on a promissory note-for $4,455 76. The defendants, among other pleas, pleaded the statute of limitations, to which the plaintiff replied, m subsequent promise within six years. To prove this promise;, the plaintiff relied on a credit entered on the note, by Ferguson, one of the payees, within six years from its date, of $1,910 52.; and. also produced an account of the defendants against Ferguson: for the same amount as the credit, with a, receipt of the defendants bearing…
1Opinion of the CourtCollier, C. J.
The question sought to be raised by the objection to the evidence adduced by the plaintiffs, and the prayers for instruction to the jury is identical, and we shall so consider it. It is this, is the indorsement of a credit on a note written and subscribed with the hand of one of the payees, and bearing date before the statute of limitations had operated a bar, evidence that the payment was made at the time indicated so as to relieve the note from the influence of the statute; or if it be not evidence per se, does it become sufficient when aided by an account in favor of the makers against one…
2Cases cited2 opinions
- Schermerhorn v. SchermerhornNew York Supreme Court · 1828
- M'Gehee v. GreerSupreme Court of Alabama · 1838
3Cited by1 opinion
- Sorrell v. CraigSupreme Court of Alabama · 1849