Mastin v. Branham
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. T. A. Gill,. Judge; (1) It is not necessary that the acknowledgement of indebtedness, to be sufficient to take a debt out of the-operation of the statute of limitations, should contain a promise to pay the debt.
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Appeal from Jaclcson Circuit Court. — Hon. T. A. Gill,. Judge; (1) It is not necessary that the acknowledgement of indebtedness, to be sufficient to take a debt out of the-operation of the statute of limitations, should contain a promise to pay the debt. It is only necessary that the .indebtedness be acknowledged, and that the acknowledgment be not accompanied by a promise or condition unfulfilled, or anything calculated to rebut a presumption that the party is willing to pay the debt. R. S., sec. 3248; Bell 'o. Morrison, 1 Peters, 362; Boyd, Adrrir of Carr, v. Hurlbut, Admix of Hurlbut, 41…
1Opinion of the CourtNorton, J.
— The action was begun on September >6, 1882. The cause of action is a promissory note, of which the following is a copy:
“3,000.00. Kansas City, Mo., Nov. 25, 1868.
“Pour months after date I promise to pay to the ■order of John S. Branham three thousand dollars, without defalcation, value received, payable at the banking house of John J. Mastín & Co., in Kansas City, Missouri, with interest at the rate of ten per cent, per annum from maturity until paid.
“(Signed) W. I. Hamilton.”
The note was endorsed by Branham ; a waiver of protest signed by him was written on the back ; also ‘ ‘ Int. pd.…
2Cases cited8 opinions
- Scott v. WareSupreme Court of Alabama · 1879
- Craig v. Callaway County CourtSupreme Court of Missouri · 1848
- Boyd v. HurlbutSupreme Court of Missouri · 1867
- Chambers v. RubeySupreme Court of Missouri · 1870
- Elliott v. LeakeSupreme Court of Missouri · 1838
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3Cited by7 opinions
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- Berryman v. BeckerMissouri Court of Appeals · 1913
- Stock v. SchlomanMissouri Court of Appeals · 1930
- Wald v. ArnoldMassachusetts Supreme Judicial Court · 1897
- Petty v. TuckerMissouri Court of Appeals · 1912
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