Law v. Spence
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. Defendant R. S. Spence paid from maturity of the note, November 1, 1889, to January 1, 1891, monthly, interest payments, and indorsed same in his own handwriting on the note itself. These indorsements were evidence of part payments, and each was an acknowledgment of the debt, and the statute was suspended by each of these payments, by reason of such indorsement by said defendant.
Read the full summary
APPEAL from District Court, Bear Lake County. Defendant R. S. Spence paid from maturity of the note, November 1, 1889, to January 1, 1891, monthly, interest payments, and indorsed same in his own handwriting on the note itself. These indorsements were evidence of part payments, and each was an acknowledgment of the debt, and the statute was suspended by each of these payments, by reason of such indorsement by said defendant. The indorsement made in manner above, by the defendant, was an acknowledgment signed by him. (Hawkins v. Chace, 19 Pick. (Mass.) 505; Penniman v. Hartshorn, 13 Mass. 87;…
1Opinion of the CourtHuston, J.
On October 31, 1888, the defendant E. S. Spence made, executed and delivered to one Hannah B. Humphreys his certain promissory note for the sum of $3,500, *247which note was payable, by the terms thereof, on or before the first day of November, 1889, with interest at the rate of one per cent per month from date until paid, interest payable monthly. To secure the payment of said note and the interest thereon according to the terms thereof, the said R. S. Spence and Eliza Spence, his wife, on the first day of November, 1888, executed and delivered to said Hannah B. Humph-reys a mortgage upon…
Also in this document: Concurrence.
2Cases cited5 opinions
- Lord v. MorrisCalifornia Supreme Court · 1861
- Barber v. BabelCalifornia Supreme Court · 1868
- Kelly v. LeachmanIdaho Supreme Court · 1893
- Wells v. HarterCalifornia Supreme Court · 1880
- Brodek v. EllisCalifornia Supreme Court · 1864
3Cited by11 opinions
- White v. StumpSupreme Court of the United States · 1924
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Kurdy v. RogersIdaho Supreme Court · 1904
- Dighton v. First Exchange National BankIdaho Supreme Court · 1920
- Moulton v. WilliamsIdaho Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.