McClurg v. Howard
Supreme Court of Missouri
Jtppeal from Third District Court. I. A partial payment by one joint obligor or partner, after dissolution of the partnership, will take a debt, not yet barred, out of the statute of limitations as to all. (Whitcomb v. Whitney, 2 Doug. 652 ; Wood v. Braddick, 1 Taunt. 104 ; Jackson v. Fair-bank, 2 H. Bl. 340 ; Goddard v. Ingram, 3 Ad. & El. 839 ; Smith v. Ludlow, 6 Johns. 267 ; Roosevelt v. Marks, 6 Johns.
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Jtppeal from Third District Court. I. A partial payment by one joint obligor or partner, after dissolution of the partnership, will take a debt, not yet barred, out of the statute of limitations as to all. (Whitcomb v. Whitney, 2 Doug. 652 ; Wood v. Braddick, 1 Taunt. 104 ; Jackson v. Fair-bank, 2 H. Bl. 340 ; Goddard v. Ingram, 3 Ad. & El. 839 ; Smith v. Ludlow, 6 Johns. 267 ; Roosevelt v. Marks, 6 Johns. Ch. 266; Shelton v. Cook, 3 Munf. 191; Simpson v. Morrison, 2 Bay, 533 ; Kauffman v. Fisher, 3 Grant, 802 ; Carroll v. Gayarre, 15 La. An. 671; Hunt v. Bridgham, 2 Pick. 581; Sigourney v.…
1Opinion of the CourtBliss, Judge
The plaintiffs brought suit in the Christian Circuit Court against the members of the firm of Nowlin, Howard & Co., for goods and merchandise sold them in the usual course of trade, which suit Howard alone defended, and pleaded the statute of limita*367tions. He claims that he went out o£ the firm in 1857 (of which plaintiffs had notice), which was more than five years before the commencement of the suit. The plaintiffs, to take the case out of the statute, relied upon the fact that the sums of $500 and $30 were, in 1861, paid upon the debt by this defendant’s co-partners ; but the Circuit and…
2Cases cited2 opinions
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848
- Chrisman v. IrwinSupreme Court of Missouri · 1866
3Cited by10 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Tate v. ClementsSupreme Court of Florida · 1878
- County of Vernon ex rel. School Fund v. StewartSupreme Court of Missouri · 1877
- Leach v. AsherMissouri Court of Appeals · 1886
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