Legal Opinion

Mastin v. Branham

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 7 opinions

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

  1. Scott v. WareSupreme Court of Alabama · 1879
  2. Craig v. Callaway County CourtSupreme Court of Missouri · 1848
  3. Boyd v. HurlbutSupreme Court of Missouri · 1867
  4. Chambers v. RubeySupreme Court of Missouri · 1870
  5. Elliott v. LeakeSupreme Court of Missouri · 1838

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bridges v. StephensSupreme Court of Missouri · 1896
  2. Berryman v. BeckerMissouri Court of Appeals · 1913
  3. Stock v. SchlomanMissouri Court of Appeals · 1930
  4. Wald v. ArnoldMassachusetts Supreme Judicial Court · 1897
  5. Petty v. TuckerMissouri Court of Appeals · 1912

2 more not listed; retrieve them via the Exa API.

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