Van Dorn v. Bodley

Buskirk, J.,

(dissenting).—Being unable to give my assent to the views expressed, and conclusion reached, in reference to the statute of limitations, I feel constrained by a sense of duty to state somewhat at length the grounds of my dissent and to make my views fully understood, I deem it necessary to make a fuller statement of the facts than is found in the opinion of the majority of the court.

Suit was brought in the Fountain Circuit Court by Bodley upon three promissory notes, dated January 22d, 1855, and falling due one, two, and three y'ears after date. The notes were given by appellant…