Miller v. Dawson
Supreme Court of Iowa
Appeal from Buchanan District Court. This action was commenced February 17, 1868, and tbe petition in its material parts is as follows: Defendants made their promissory note to, etc., the following, words and figures being a true copy, viz.: “ $142.30. “ On or before the 1st of November next, for value received, we, or either of us, promise to pay to the order of Elgy Wilson one hundred and forty-two dollars and thirty cents, with ten per cent interest from date.
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Appeal from Buchanan District Court. This action was commenced February 17, 1868, and tbe petition in its material parts is as follows: Defendants made their promissory note to, etc., the following, words and figures being a true copy, viz.: “ $142.30. “ On or before the 1st of November next, for value received, we, or either of us, promise to pay to the order of Elgy Wilson one hundred and forty-two dollars and thirty cents, with ten per cent interest from date. “BENJAMIN DAWSON, “NEMAN S. CONGER. “April 1, 1857.” Paid Dee. '7, 1857, sixty-five dollars. Paid Dec. 9, 1857, forty-five dollars.…
1Opinion of the CourtWright, J.
1. Limitation, statute of: demurrer. —The law is, that, where a pleading shows affirmatively that its cause of claim is barred by the statute of limitations, it may be assailed by ** demurrer. Rev. § 2961. Section 2876, referred to by appellee, to support his position that the defect, if any, could only be reached by motion, expressly recognizes the right to demur for the causes stated in section 2961, above cited.
*188The note was due November 1, 1857; the ten years expired November 1, 1867, and this action was .commenced February 19, 1868. It is clear, therefore, that the pleading shows…
2Cases cited1 opinion
- Read v. HurdNew York Supreme Court · 1831
3Cited by4 opinions
- Smith v. DuBoseSupreme Court of Georgia · 1887
- Bankers Trust & Audit Co. v. Farmers & Merchants BankSupreme Court of Georgia · 1926
- Parsons v. CareySupreme Court of Iowa · 1870
- Waltmire v. BadgerSupreme Court of Kansas · 1943