Lowther v. Chappell
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Assumpsit, by Lowther and Taylor, as administrators of Samuel Lowther, against Chappell, as a joint maker of two promissory notes, dated 17th January, 1829, one payable three, and the other four years after date.
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Writ of Error to the Circuit Court of Macon. Assumpsit, by Lowther and Taylor, as administrators of Samuel Lowther, against Chappell, as a joint maker of two promissory notes, dated 17th January, 1829, one payable three, and the other four years after date. The suit was commenced 26th August, 1843. The defendant pleaded non-assumpsit within six years; to which the plaintiff replied, that he did promise and undertake, in manner and form as they had declared against him, within six years next before the commencement of the suit. At the trial, the plaintiffs produced and read in evidence to the…
1Opinion of the CourtGoldth Waite, J.
The principle upon which the. decision of Whitcomb v. Whiting, 2 Doug. 652, is rested, has often been doubted in the English Courts, and frequently denied in our own. Without reference to the many adjudicated cases on this much vexed question, it will be permitted us to state, the constant leaning now, of all Courts, is to restore the statute of limitations to its proper standing, and give it the effect which its authors evidently intended it to have; i. e. to shut out all litigation upon the expiration of the limited period, unless the original promise is revived by something equivalent to…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Clementson v. WilliamsSupreme Court of the United States · 1814
3Cited by15 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Cowhick v. ShingleWyoming Supreme Court · 1894
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Ross v. RossSupreme Court of Alabama · 1852
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