M'Gehee v. Greer
Supreme Court of Alabama
Error to the County court of Tuskaloosa. This was an action of assumpsit upon a promissory note, signed by the defendant in error. To the declaration, the defendant plead, the general issue, and the statute of limitations. The writ was issued on the twenty-fifth day of' March, eighteen hundred and twenty-nine — The note was dated the fourteenth day of February, eighteen hundred and twenty-three, and was payable one day after' date.
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Error to the County court of Tuskaloosa. This was an action of assumpsit upon a promissory note, signed by the defendant in error. To the declaration, the defendant plead, the general issue, and the statute of limitations. The writ was issued on the twenty-fifth day of' March, eighteen hundred and twenty-nine — The note was dated the fourteenth day of February, eighteen hundred and twenty-three, and was payable one day after' date. The plaintiff offered in evidence the note declared on, upon which appeared the following endorsements:— “Sept. 21, 1824. Received of the within amount, sixty…
1Opinion of the CourtOrmond, J.
— Scarcely any subject has been more prolific of disputes and subtle distinctions, than the statute of limitations, and it is a matter greatly to be regretted, that the plain letter of the statute has ever been departed from, In the case of St. John vs. Garrow, (4 Porter, 223,) it was held, that an acknowledgment of a subsisting liability, will take a case out of the statute; and in the case of Watson vs. Dale, (1 Porter, 243)—that a payment endorsed on a note, would remove the bar of the statute. A payment on a note is, we think, precisely equivalent to an admission, that at the time of the…
2Cases cited2 opinions
- St. John v. GarrowSupreme Court of Alabama · 1836
- Durand v. N. Thouron & Co.Supreme Court of Alabama · 1834
3Cited by8 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Harwood v. HarperSupreme Court of Alabama · 1875
- Knight v. ClementsSupreme Court of Alabama · 1871
- Foster v. McDonaldSupreme Court of Alabama · 1843
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