Jenkins v. DeWar
Tennessee Supreme Court
FROM SHELBY. Appeal from the Chancery Court of Shelby County.— F. H. Heiskell, Chancellor.
1Opinion of the CourtJustice Shields
Complainant filed his bill- June 18, 1898, to recover upon a note made by defendant August, 1891, payable upon demand, which he states was first made in 1898. It contains no allegation of a promise of payment made subsequent to the date of the note.
The defendant, answering, pleaded the statute of limitations of six years. Complainant offered evidence to prove that demand for payment was first made in July, 1898, and that defendants then promised to pay the note.
We are of the opinion that, upon the pleadings and facts stated, the note is barred.
It was payable on demand, and the right to mate…
2Cases cited6 opinions
- Sully v. ChildressTennessee Supreme Court · 1900
- Gross v. DisneyTennessee Supreme Court · 1895
- Austin v. HarbinTennessee Supreme Court · 1895
- Gernt v. CusackTennessee Supreme Court · 1900
- Goodwin v. RayTennessee Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Todd v. Third Nat. BankTennessee Supreme Court · 1938
- Darby v. DarbySupreme Court of Louisiana · 1908
- First National Bank of Sparta v. HunterCourt of Appeals of Tennessee · 1938
- Farmers State Bank v. JonesCourt of Appeals of Tennessee · 1949
- C.A. Hobbs, Jr., Inc. v. David Brainard, Susan B. Reyes, and Carol B. HamCourt of Appeals of Tennessee · 1995
6 more not listed; retrieve them via the Exa API.