Cleland v. Hostetter
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Causes of action founded upon contract shall be revived by an admission that the debt is unpaid, as well as by a new promise to pay the same,'but such admission or new promise must be in writing, signed by the party to be charged therewith.
Read the full summary
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. Causes of action founded upon contract shall be revived by an admission that the debt is unpaid, as well as by a new promise to pay the same,'but such admission or new promise must be in writing, signed by the party to be charged therewith. Sec. 2926, Compiled Laws of New Mex. 1897; Bullard v. Lopez, 7 N. M. 563; Raymond v. Newcomb, 10 N. M. 173, Such admission need not be couched in precise and direct terms but it is sufficient if it show with reasonable certainty that the debt is unpaid. Nelson…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J
— This is a suit instituted in the district court of the county of Bernalillo on February 2, 1903, based upon a promissory note signed by the defendant Louis Hostetter, and made payable to the order of the plaintiff. Defendants answered setting up the statute of limitations of six years. Whereupon plaintiff filed his reply setting up the following letter as taking the case out of the statute:
“Las Cruces, N. M., November 27, 1901. “E. L. Medler, Esq., Albuquerque.
“Friend E. — Your letter to hand you can tell Mr. Cleland as I told you, as soon ás I get some money I…
2Cases cited17 opinions
- Fort Scott v. HickmanSupreme Court of the United States · 1884
- Elder v. DyerSupreme Court of Kansas · 1881
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Gale & Elliott v. Tuolumne Water Co.California Supreme Court · 1859
- Horner v. StarkeyIllinois Supreme Court · 1861
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Joslin v. GregoryNew Mexico Court of Appeals · 2003
- Autovest v. AgostoNew Mexico Court of Appeals · 2021
- Marine Trust Co. of Buffalo, New York v. LordNew Mexico Supreme Court · 1947
- Petranovich v. FrkovichNew Mexico Supreme Court · 1945
- Joslin v. GregoryNew Mexico Court of Appeals · 2003