Whitaker v. Rice
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiff in Error. First. — The payments of interest on the bond by Hollinshead take the case out of the statute of limitations, and the last payment having been made September'26, 1857, -within six years of the commencement of the action, must operate to defeat the Defendants’ plea, It is tlie settled law in England that part payment, either of principal or interest, by one of several joint debtors,…
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ERROR TO THE DISTRICT COURT OE RAMSEY COUNTY. Points and authorities of Plaintiff in Error. First. — The payments of interest on the bond by Hollinshead take the case out of the statute of limitations, and the last payment having been made September'26, 1857, -within six years of the commencement of the action, must operate to defeat the Defendants’ plea, It is tlie settled law in England that part payment, either of principal or interest, by one of several joint debtors, upon an existing contract, takes the case out of the statute as to all. See the leading case of Whitcomb vs. Whitney, 2…
1Opinion of the Court
By the Court
Flandrau, J.
On the third day of May, 1854, the Defendants, Rice and Becker, together with William Hollinshead, now deceased, executed to the Plaintiff a bond in the penal sum of four thousand dollars, conditioned to pay to the Plaintiff the sum of two thousand dollars, with interest, within one year from the date of said bond. The obligors were described in the body of said bond as follows: “We, William Hollinshead, of” &c. “as principal, and Edmund Rice and George L. Becker, of” &c. “ as sureties.” The bond was signed by each of the obligors in the above order, but without any…
2Cited by12 opinions
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