Chrisman v. Irwin
Supreme Court of Missouri
Error to Jackson County Circuit Court. This is a suit in attachment on a promissory note for $2,000', dated September 20, 1847, and payable six months after date, signed by J. C. Irwin, S. EL Woodson and S. S. Bartleson.
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Error to Jackson County Circuit Court. This is a suit in attachment on a promissory note for $2,000', dated September 20, 1847, and payable six months after date, signed by J. C. Irwin, S. EL Woodson and S. S. Bartleson. The following endorsements are on the note : “Woodson, Irwin, and Bartleson, to Jabez Smith. — Note $2,000, due March 20, 1847. — Allowed against estate of S. B., July 18,1859, $554.64, balance of his third of note.— 1849, Nov. 16, by cash $200 of S. B. — 1848, Nov. 22, by cash received of Joseph Irwin & K., $500.45 ; by cash received of Joseph Irwin, $244.86. — 1849, Aug.…
1Opinion of the CourtHolmes, Judge
This was a suit upon a promissory note against two of three joint makers, the third being dead. One of thé defendants was not served with process, and the other pleaded the statute of limitations as a defence. To avoid this, the plaintiff relied upon a payment made within ten years before suit. The evidence showed that after the decease of the third maker, the note had been presented for allowance-in the Probate Court'against his estate, and the allowance was endorsed on the note as follows: “ Allowed vs. the estate of S. B., 18th July, 1859, |554 64, balance of one-tliird of the note.” The…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848
3Cited by4 opinions
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- McClurg v. HowardSupreme Court of Missouri · 1870
- Clinton County ex rel. Township 54, Range 30 v. SmithSupreme Court of Missouri · 1911