Chidsey v. Powell
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W, P. Geigeb, Judge. (1) The affidavit- to the copy of the note did not meet the statutory requirement that the affiant had given credit to the estate for all payments and offsets to which the estate was entitled. R. S., sec. 195. (2) The statute of limitations had run against the demand.
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Appeal from Greene Circuit Court. — Hon. W, P. Geigeb, Judge. (1) The affidavit- to the copy of the note did not meet the statutory requirement that the affiant had given credit to the estate for all payments and offsets to which the estate was entitled. R. S., sec. 195. (2) The statute of limitations had run against the demand. The acknowledgment contained in the letter, relied upon to avoid the bar of the statute, is coupled with remarks which preclude the presumption of a promise to pay. Carr’s Adm’r v. MurTbut, 41 Mo. 264; Chambers v. Ruby, 47 Mo. 99; Buclcner ». Johnson, 4 Mo. 100 ;…
1Opinion of the CourtBlack, J.
This suit was begun in the G-reene county probate court, and is founded upon a promissory note, dated October 1, 1871, and signed by Wm. Addis, whereby he promises to pay Wm. Chidsey, the plaintiff,, two hundred and fifty dollars, in one year after the date thereof. The executor, as a defence, interposed the statute of limitations. To avoid the bar of the statute, the plaintiff, on the trial anew in the circuit court, read in evidence the following letter, shown to have been written by the deceased:
“ Oxford, Butler Co., Ohio, March 30, 1876.
“Dear Brother Qhidsey,—
“Your letter came to hand,…
2Cases cited4 opinions
- Boyd v. HurlbutSupreme Court of Missouri · 1867
- Chambers v. RubeySupreme Court of Missouri · 1870
- Elliott v. LeakeSupreme Court of Missouri · 1838
- Warlick v. PetersonSupreme Court of Missouri · 1874
3Cited by19 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Johnston v. RaganSupreme Court of Missouri · 1915
- Dern v. OlsenIdaho Supreme Court · 1910
- State ex rel. Chatham National Bank v. FinnSupreme Court of Missouri · 1889
- Nevius v. MooreSupreme Court of Missouri · 1909
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