Pritchard v. Howell
Wisconsin Supreme Court
ERROR TO THE CIRCUIT COURT OF JEFFERSON COUNTY. This is an action of assumpsit, commenced by the plaintiff in error, against the defendant in error,, in the Circuit Court of Jefferson county, on the 31st day of October, 1851. The cause of action was a promissory note, for the sum of $'729.31, dated, New York? August 26, 1844, due six months after date, payable to the order of Spears & Vanderhoof, at the counting of George Smith & Co., in Chicago, with exchange on New York,…
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ERROR TO THE CIRCUIT COURT OF JEFFERSON COUNTY. This is an action of assumpsit, commenced by the plaintiff in error, against the defendant in error,, in the Circuit Court of Jefferson county, on the 31st day of October, 1851. The cause of action was a promissory note, for the sum of $'729.31, dated, New York? August 26, 1844, due six months after date, payable to the order of Spears & Vanderhoof, at the counting of George Smith & Co., in Chicago, with exchange on New York, signed and delivered by the defendant, and endorsed by Spears & Vanderhoof, to the present plaintiff. The declaration…
1Opinion of the Court
By the Gourt,
Swim, J.
The only question in this case arises under the statute of limitations.
The defendant pleaded the statute, viz : that he did *135not assume and promise witMn six years, &c. The plaintiff replied a new promise within six years. Upon this, issue was joined.
To any one, who has never calculated the resources supplied by legal acumen and professional ingenuity, it will appear strange, how so plain and simple a statute, could have become the subject of such great diversity of opinion, as has characterized the adjudication upon the one under consideration.
The language of tiie statute…
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