Chadwick v. Cornish
Supreme Court of Minnesota
The defendant’s intestate, Mark Hendricks, died on May-23, 1876. A claim of plaintiff against his estate for money had and received by him in 1865 was disallowed in the probate court, and the plaintiff appealed to the district court for Ramsey county, where the defendant pleaded the statute of' limitations, and had a verdict, on a trial before Brill, J., and a jury. A new trial was denied, and the plaintiff appealed.
1Opinion of the Court
(xilkillan, C. J.
In the case of Brisbin v. Farmer, 16 Minn. 215, this court stated the rule in relation to a part-payment of a debt preventing the running of the statute of' limitations, as follows: (p. 224:) “There is no doubt that a part-payment, without words or acts to indicate its character, would not be construed as carrying with it an acknowledgment that more was due and would be paid; i. e., it would not be evidence from which a jury would be warranted in inferring anew promise.” Within this rule, the testimony of the witness Hallowell does not show such a part-payment, as to take the…
2Cases cited1 opinion
- Brisbin v. FarmerSupreme Court of Minnesota · 1871
3Cited by39 opinions
- Hulett v. CareySupreme Court of Minnesota · 1896
- Kroh v. HeinsNebraska Supreme Court · 1896
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- Madson v. MadsonSupreme Court of Minnesota · 1897
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