Brown v. Hutchings
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. The Hon. W. H. Feild, Circuit Judge, presiding^ Part payment will take a note out of the statute, or form a new point from which the statute will run again ; and it may be established by proving that the holder of the note endorsed a credit thereon before the note was barred, and when it was against his interest to make such endorsement. Alston vs. State Bank, 4 Eng.
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Appeal from Pulaski Circuit Court. The Hon. W. H. Feild, Circuit Judge, presiding^ Part payment will take a note out of the statute, or form a new point from which the statute will run again ; and it may be established by proving that the holder of the note endorsed a credit thereon before the note was barred, and when it was against his interest to make such endorsement. Alston vs. State Bank, 4 Eng. R. 455 and cases cited. admitting that part payment will take a ease out of the statute, contended upon the authority of Alston vs. State B,ank, 4 Eng. 455, that it must be shown that the “part…
1Opinion of the CourtJustice Scott
On the 24th March, 1851, Brown sued Hutchings before a justice of the peace, on a note for $31 15, payable the llth day of April, 1845, with interest at the rate of 10 per centum per'annum, from the 8th of September, 1841, and obtained a judgment. Hutchings appealed to the Circuit Court of Pulaski county, and upon aerial de novo judgment was rendered for Hutchings, and Brown appealed to this court, having taken a bill of exceptions to the ruling of the Circuit Court in excluding certain testimony, and for alleged improper instructions to the jury.
In the latter court, as well as in the former,…
2Cited by3 opinions
- Haver v. SchwyhartMissouri Court of Appeals · 1890
- Johnson, Administrator v. MurphySupreme Court of Arkansas · 1942
- Affholter v. McCarleySupreme Court of Arkansas · 1956