Leach v. Asher
Missouri Court of Appeals
Appeal from the Butler County Circuit Court, R_ E. Owen, Judge. To stay the running of the statute by a part payment, the payment must have been voluntary, and made under such circumstances as to indicate, upon the part of the debtor, a recognition of an unpaid balance which he was liable and willing to pay. Edw. B. & N. (2 Ed.) 641-2 ; Shoemaker v. Benedict, 11 N. Y. 185 ; Abb.
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Appeal from the Butler County Circuit Court, R_ E. Owen, Judge. To stay the running of the statute by a part payment, the payment must have been voluntary, and made under such circumstances as to indicate, upon the part of the debtor, a recognition of an unpaid balance which he was liable and willing to pay. Edw. B. & N. (2 Ed.) 641-2 ; Shoemaker v. Benedict, 11 N. Y. 185 ; Abb. Trial Ev. 825, and note 2; Pickett v. King, 34 Barb. 193 ; Sharper v. Fairley, 53 N. Y. 442-445 ; McCullough v. Henderson, 24 Miss. 92 ; Anderson v. Robertson, 24 Miss. 389 ; United States v. Wilder, 13 Wall. 254, 256…
1Opinion of the CourtBombahee, J.
This is an action on a promissory note for $1,244.37, executed by the defendant, January 6,1872, and payable one day after date, with interest at the rate of ten per cent, per annum.
The petition states that the defendant paid on said note, February 29, 1872, one hundred and fifty dollars, and June 3, 1874, the further sum of two hundred and five' dollars, and that the residue is due and unpaid. Suit was instituted September 19, 1883.
The only defence interposed, is the statute of lirni*658tations of ten years. The answer denies the recognition of the debt within ten years prior to the institution…
Also in this document: Concurrence.
2Cases cited8 opinions
- Harper v. . FairleyNew York Court of Appeals · 1873
- United States v. WilderSupreme Court of the United States · 1872
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848
- County of Vernon ex rel. School Fund v. StewartSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Moffitt v. CarrNebraska Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.