Morris v. Carr
Supreme Court of Arkansas
Appeal from Benton Circuit Court; John N. Tillman, Judge; statlmlnt by thl court. This is a suit by appellee against appellant on a promissory note for $500 with interest at ten per cent, from date until paid. The note was dated October 15, 1896, and was due twelve months after date. The complaint alleged that nothing had been paid on the note. The answer set up want of consideration and the statute of limitations. The latter defense alone is urged here.
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Appeal from Benton Circuit Court; John N. Tillman, Judge; statlmlnt by thl court. This is a suit by appellee against appellant on a promissory note for $500 with interest at ten per cent, from date until paid. The note was dated October 15, 1896, and was due twelve months after date. The complaint alleged that nothing had been paid on the note. The answer set up want of consideration and the statute of limitations. The latter defense alone is urged here. The cause was tried by the court, who found the following: “That the note sued on was executed by defendant at Siloam Springs, Ark., October…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. There is no dispute here as to the debt, or that the letters in evidence referred to the note in controversy. Appellant simply contends that none of these letters, when taken in connection with the facts and circumstances as understood by appellant at the time they were written, contains a promise to pay the debt, or an acknowledgment from which the law would raise a promise to pay it, and that therefore the bar of the statute applies. It appears that, before the debt was barred, appellee wrote appellant asking whether he desired to pay off the note or…
2Cases cited2 opinions
- Shepherd v. ThompsonSupreme Court of the United States · 1887
- Badgett v. JordanSupreme Court of Arkansas · 1877
3Cited by12 opinions
- Biggs v. MaysCourt of Appeals for the Eighth Circuit · 1942
- Street Improvement District No. 113 of Hot Springs v. MooneySupreme Court of Arkansas · 1942
- Kitchens v. EvansCourt of Appeals of Arkansas · 1994
- In re MaysDistrict Court, W.D. Arkansas · 1941
- Schaefer v. BakerSupreme Court of Arkansas · 1930
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