Less v. Arndt
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court in Chancery. Bichard H. Powell, Judge. The debt was barred by limitation. Part payment, to revive a debt and toll the statute, must be made under such circumstances as can be treated as an admission of the continued existence of the debt. 65 Ark. 6'; 60 Ark. 491; 20 Ark. 189; 18 Ark. 522. The appropriation, being made by the creditor, carried no implication of such acknowledgment. 9 Ark. 459; 14 Ark. 197; 10 Ark. 643; 18 Ark. 521. Appellant…
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Appeal from Lawrence Circuit Court in Chancery. Bichard H. Powell, Judge. The debt was barred by limitation. Part payment, to revive a debt and toll the statute, must be made under such circumstances as can be treated as an admission of the continued existence of the debt. 65 Ark. 6'; 60 Ark. 491; 20 Ark. 189; 18 Ark. 522. The appropriation, being made by the creditor, carried no implication of such acknowledgment. 9 Ark. 459; 14 Ark. 197; 10 Ark. 643; 18 Ark. 521. Appellant is not estopped by any acquiescence. Appellant is estopped by acquiescence. Bouv. Diet. “Acquiescence,” p. 61; 65 Ark.…
1Opinion of the CourtBattle, J.
On the 23d day of February, 1898, H. Arndt brought this action against Ike Less on two promissory notes and an account. One of the notes was executed by Less to Arndt for the sum of $501.61 and ten per cent, per annum interest thereon from the 28th day of March, 1892, the date of the note, until paid; and the other was executed by the- defendant to the plaintiff, on the same day, for the sum of $256.99 and ten per cent, per annum interest from date until paid. Both of them were made payable on or before the 15th day of November, 1892. The former was credited, on the 11th of November, 1894,…
2Cases cited1 opinion
- Chase v. CarneySupreme Court of Arkansas · 1895
3Cited by6 opinions
- Johnson v. SpanglerSupreme Court of Arkansas · 1928
- Johnson v. GammillSupreme Court of Arkansas · 1959
- Shinn v. KitchensSupreme Court of Arkansas · 1945
- Nunn v. McKnightSupreme Court of Arkansas · 1906
- Wadley v. WardSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.