Ayres v. Bane
Supreme Court of Iowa
Appeal from Marion Circuit Court. Action upon a promissory note; defense, the suit is barred, by the statute of limitations. The cause was submitted; to the court without a jury. Judgment for plaintiff. Defendant appeals. The action was originally brought in the name of Oollins, Adm’r, and has before been in this court. See 34 Iowa, 386. After it was remanded, the former administrator having been discharged, the present plaintiff was substituted.
1Opinion of the CourtBeck, J.
Certain letters were admitted in evidence to support the allegations of the petition, to the effect that defendant had admitted the debts were unpaid. There were three of these letters, and objection is made to each upon different grounds.
3. evidence: on Sunday, I. The first, it was shown, was written on Sunday. It is insisted that the law which declares contracts made on Sunday invalid, is applicable to the letter in question, and it is therefore of no effect and ought not to have been received in evidence. The principle of law upon which *519counsel base tbeir argument cannot be disputed, but…
2Cases cited1 opinion
- Thomas v. HunterCourt of Appeals of Maryland · 1868
3Cited by8 opinions
- Bayliss v. StreetSupreme Court of Iowa · 1879
- McClure v. SmeltzerSupreme Court of Iowa · 1936
- Stewart v. McFarLandSupreme Court of Iowa · 1891
- Van Patten v. BedowSupreme Court of Iowa · 1888
- Howe v. WelchCity of New York Municipal Court · 1886
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