Young v. Weston
Supreme Judicial Court of Maine
On Bepoet from Nisi Prius, Bice, J., presiding. Assumpsit, upon the following promissory note: — “Jan. 22, 1836, value received, we promise to pay our own order at the Franklin Bank, Gardiner, seven hundred fifty dollars eighty one-hundredths in sixty days and grace. “Benj. & Nathan Weston.” The note was indorsed by the makers.
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On Bepoet from Nisi Prius, Bice, J., presiding. Assumpsit, upon the following promissory note: — “Jan. 22, 1836, value received, we promise to pay our own order at the Franklin Bank, Gardiner, seven hundred fifty dollars eighty one-hundredths in sixty days and grace. “Benj. & Nathan Weston.” The note was indorsed by the makers. Partial payments were indorsed upon the note in July, 1838, and May, 1842. This suit was commenced Nov. 9, 1849. The general issue and statute of limitations were pleaded. The signature and partnership of defendants were admitted. Plaintiff read in evidence, though…
1Opinion of the CourtApplbi’ON, J.
— This action is brought upon a note of the defendants for §750,81, dated Jan. 22, 1836, payable to their o wn order in sixty days from date and by them indorsed. The writ is dated Nov. 9, 1849. The statute of limitations is relied upon as a defence.
To avoid the bar of the statute thus interposed to prevent his recovery, the plaintiff introduces the following memorandum signed by the defendants: —
“We hereby promise and agree to pay in any time with*494in six years from this date, a note beld by the Franklin Bank for seven hundred and fifty dollars, eighty-one hundredths, and interest on the same,…
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