Burton v. Stevens
Supreme Court of Vermont
Assumpsit on two promissory notes. The defendant filed liis declaration on hook in offset, judgment to account in the county court, and auditor’s report, which was accepted. Plea in offset and statute of limitations, and replication — issue to the court.
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Assumpsit on two promissory notes. The defendant filed liis declaration on hook in offset, judgment to account in the county court, and auditor’s report, which was accepted. Plea in offset and statute of limitations, and replication — issue to the court. On trial the plaintiff introduced two notes dated March 2,1882, and an indorsement thereon, signed hy the defendant under date of August 19, 1841, in these words: “I hereby agree, that I will “ not take any advantage of the statute of limitations, on the with- “ in two notes.” The several signatures of the defendant were admitted to he…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The plaintiff has brought his action upon two promissory notes dated March 2, 1832, executed by the defendant to the plaintiff, and to which the defendant has plead the statute of limitation, that the cause of action did not accrue within six years, and upon which issue is joined.
The evidence upon which the plaintiff relies to remove this statute bar, is the agreement entered on the back of the notes, signed by the defendant under the date of August 19, 1841, in these words: “I hereby agree that I will not take any advantage of the statute “…
2Cases cited4 opinions
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Phelps v. StewartSupreme Court of Vermont · 1839
- Allen v. WebsterNew York Supreme Court · 1836
- Paddock v. ColbySupreme Court of Vermont · 1846
3Cited by7 opinions
- Brownrigg v. DefreesCalifornia Supreme Court · 1925
- State Loan & Trust Co. v. CochranCalifornia Supreme Court · 1900
- Kellogg v. DickinsonMassachusetts Supreme Judicial Court · 1888
- State Trust Co. v. SheldonSupreme Court of Vermont · 1895
- Monroe v. HerringtonMissouri Court of Appeals · 1905
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