Goodrich v. Case
Ohio Supreme Court
Error to the Circuit Court of Licking County. On the 6th day of December, 1873, Moses G-ooctrich, one of the plaintiffs in error, made and delivered his promissory note of that' date to Grove Case, then in full life, but now deceased, said Burton Case, defendant in error, being his executor.
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Error to the Circuit Court of Licking County. On the 6th day of December, 1873, Moses G-ooctrich, one of the plaintiffs in error, made and delivered his promissory note of that' date to Grove Case, then in full life, but now deceased, said Burton Case, defendant in error, being his executor. The following is a copy of said note: “$2,500. Two years after date I promise to pay Grove Case, or order, the sum of twenty-five hundred dollars, with interest at eight per cent., the interest to be paid annually. Value received. Dated this sixth day of December, 1873. “Muses Goodrich." Said Moses…
1Opinion of the Court
This cause was orally argued before a division of the court, and was afterward ■ submitted to and fully considered by the whole court.
The original note and the mortgage securing the same were demands founded on a contract, and therefore Section 4992, Revised Statutes, is applicable. That section is as-follows: “When payment has been -made ujion any demand founded on a contract, or a written acknowledgment thereof, or promise to pay the same, has been made and signed by the party to- be charged, an action may be brought thereon within the time herein limited, after such payment, acknowledgment…
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