Wilson v. Pryor
Supreme Court of Arkansas
APPEAL from Ashley Circuit Court. Hon. J. M. Bradley, Circuit Judge. The note was barred by the statute of limitations. After the bar has attached, the promise to pay must be in writing. The indorsement of a payment, and an understanding between the parties that it shall take the note out of the operation of the bar, is not sufficient.
1Opinion of the CourtCockrill, C. J.
This was an action before a justice of the peace on a promissory note due April 24,1877. There was a credit of fifty cents indorsed on the note of date January 19, 1883. The action was brought in the following Eebruary. There was judgment for the plaintiff. The defendant appealed, and in the Circuit Court interposed the statute of limitations as a defense. A jury was waived and the case tried by the court. The following is all the testimony offered: The plaintiff read the indorsement on the note and testified as follows : “About the time the credit was entered he was about suing the defendant…
2Cases cited2 opinions
- Hawley v. GriswoldNew York Supreme Court · 1863
- Smith v. SimmsSupreme Court of Georgia · 1851
3Cited by3 opinions
- Taylor v. WhiteSupreme Court of Arkansas · 1930
- Reynolds v. Union Bank & Trust Co.Supreme Court of Arkansas · 1930
- Thomason v. WilcoxSupreme Court of Arkansas · 1941