Thomas v. Brewer
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. On the 8th day of November, 1878, the plaintiff filed in the office of the clerk of the Circuit Court a claim against the defendant, upon a promissory note executed by Milton Chamberlain, at Fremont, Nebraska, April 4, 1870, payable six months after date. The defendant, for answer, alleged that the cause of aqtion was barred by the statute of limitations of the State of Nebraska.
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Appeal from Pottawattamie Circuit Court. On the 8th day of November, 1878, the plaintiff filed in the office of the clerk of the Circuit Court a claim against the defendant, upon a promissory note executed by Milton Chamberlain, at Fremont, Nebraska, April 4, 1870, payable six months after date. The defendant, for answer, alleged that the cause of aqtion was barred by the statute of limitations of the State of Nebraska. The plaintiff replied, that between the 11th day of September, 1873, and the 24th day of March, 1878, Chamberlain was absent from, and resided beyond the limits of the State…
1Opinion of the CourtDay, J.
There is indorsed upon the note a credit of $500, dated April 29, 1871, and a further credit of $200, dated *228May 29, 1871, There is also a farther credit upon said note, dated September 11, 1873, as follows: “Received from proceeds of sale of mortgaged premises, on the within note, six hundred and fifty dollars.” It was admitted that the last indorsement was made by subjecting to sale mortgaged property, under a judgment recovered without personal service on Mr. Chamberlain.
The following provisions of the statutes of Nebraska were introduced in evidence:
Page 525, Sec. 5. “ Civil actions can…
2Cases cited3 opinions
- Harper v. . FairleyNew York Court of Appeals · 1873
- Blodgett v. UtleyNebraska Supreme Court · 1875
- Seymour v. StreetNebraska Supreme Court · 1876
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- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Adams v. HoldenSupreme Court of Iowa · 1900
- Mahaffy v. FarisSupreme Court of Iowa · 1909
- Union Stockyards National Bank of South Omaha v. MaikaWyoming Supreme Court · 1907
- Allen v. O'DonaldUnited States Circuit Court · 1886
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