McAbee v. Wiley
Supreme Court of Arkansas
Appeal from Sharp Circuit Court, Northern District; I. W. Meeks, Judge; When the statute of limitations is pleaded, the burden of proof is on plaintiff to show that the partial payment indorsed on the contract sued on was made before the statute bar attached. 70 Ark. 598; 69 Ark. 311; Wood on Dim.
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Appeal from Sharp Circuit Court, Northern District; I. W. Meeks, Judge; When the statute of limitations is pleaded, the burden of proof is on plaintiff to show that the partial payment indorsed on the contract sued on was made before the statute bar attached. 70 Ark. 598; 69 Ark. 311; Wood on Dim. (3 Ed.), § 116. And such proof must be made aliunde before the indorsement can be put in evidence. 9 Ark. 455. Circumstances from which the payment may be presumed are enough, in the absence of a rebuttal of the presumption. 18 Ark. 522; 44 Ark. 534- When material evidence of one party is not…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by Wrn. Wiley, the plaintiff below, against IT. D. McAbee, the defendant below, for the recovery of the amount due upon a note. The defendant pleaded the statute of limitation against a recovery. The note sued on was for $33, with interest from date until paid, dated November 15, 1893, and payable one day after date. Upon the note were the following indorsements: “IT. D. McAbee. Note $33.05.” “Reed, on the within note $6.50 dollars, it being for 22 gallons of sorghum molasses. Nov. the first, 1908.”
“Reed, on the within note 4 dollars, it being for 8 bus. turnips,…
2Cases cited1 opinion
- Ruddell v. FolsomSupreme Court of Arkansas · 1853
3Cited by11 opinions
- Roberts v. MillerSupreme Court of Arkansas · 1927
- Eilke v. RiceCalifornia Supreme Court · 1955
- McNeill v. RowlandSupreme Court of Arkansas · 1939
- Shinn v. KitchensSupreme Court of Arkansas · 1945
- Kansas City Life Insurance Co. v. MarshSupreme Court of Arkansas · 1938
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