Hannah v. Hawkins

The defendant, Samuel S. Hawkins, executed his note to Delilah Marsh, the intestate of the plaintiffs, by which he promised to pay her, on the 28th of September, 1868, $2,447.50 in specie. He made' several payments in currency, which were endorsed on the note, the last payment bearing date the 29th of December, 1873. This suit, commenced February 10, 1876, was brought on the note. The defendant pleaded the statute of limitations. The plaintiff replied that the defendant promised to pay the balance due on the *241writing within the period of the statute. The issue joined was tried by the court…