Legal Opinion

Dorsey v. Gunkle

South Dakota Supreme Court

Decided October 19, 1904PublishedCited by 2 opinions

Appeal from county court, Minnehaha county; Hon. Dana E. Bailey, Judge. Action by Louise B. Dorsey against Fred W. Gunkle. Judgment for defendant. Plaintiff appeals. Where an acknowledgment' or new promise is made to a third person with the intention that it shall either be communicated to or shall influence the creditor, such an acknowledgment or new promise is just as effective to prevent the bar of the statute as if made directly to the creditor.

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Appeal from county court, Minnehaha county; Hon. Dana E. Bailey, Judge. Action by Louise B. Dorsey against Fred W. Gunkle. Judgment for defendant. Plaintiff appeals. Where an acknowledgment' or new promise is made to a third person with the intention that it shall either be communicated to or shall influence the creditor, such an acknowledgment or new promise is just as effective to prevent the bar of the statute as if made directly to the creditor. DeFresst v. Warner, 98 N. Y. 217; Bennett v. Everett, 3 R. I. 152; Stewart v. Garrett, 65 Md. 392; Croman v. Stull, 119 Pa. St. 91;Daniels v.…

1Opinion of the CourtFuller, J.

That the bar of the statute of limitations has been removed by a subsequent written acknowledgment of the debt, evidenced by a promissory note upon which the action was instituted, is the only question presented by this appeal.

In addition to the defense of usury and the statute of limitations, the defendant alleges “that he has paid to E. P. Heizer, one of the makers of said note, a sum sufficient to pay the full amount lawfully due thereon, with express instruction to said E. P. Heizer that the same be used for the payment • of said note, and alleges, on information and belief, that said…

2Cases cited7 opinions

  1. Niblack v. GoodmanIndiana Supreme Court · 1879
  2. Hostetter v. HollingerSupreme Court of Pennsylvania · 1888
  3. Wachter v. AlbeeIllinois Supreme Court · 1875
  4. Hussey v. . KirkmanSupreme Court of North Carolina · 1886
  5. Sibert v. WilderSupreme Court of Kansas · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Atwood v. LammersSupreme Court of Minnesota · 1906
  2. Farmers' Shipping Ass'n of Sinai v. NordgrenSouth Dakota Supreme Court · 1929

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