Kyger v. Ryley
Nebraska Supreme Court
This was an action bxongbt on tbe twenty-second day of September, 1865, in tbe District Court for Washington County, for tbe foreclosure of a mortgage made by Ryley, tbe defendant, to Kyger, tbe plaintiff, on tbe 23d of September, 1857, to secure a note of that date, made by tbe former to tbe latter, payable one year after its date.
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This was an action bxongbt on tbe twenty-second day of September, 1865, in tbe District Court for Washington County, for tbe foreclosure of a mortgage made by Ryley, tbe defendant, to Kyger, tbe plaintiff, on tbe 23d of September, 1857, to secure a note of that date, made by tbe former to tbe latter, payable one year after its date. Tbe petition alleged a payment of one dollar, made by tbe defendant on tbe 4th of September, 1865. Tbe answer denied the payment, and pleaded tbe statute limiting actions on notes, specialties, &c., to five years. The proofs showed, that on the night of Sept. 4,…
1Opinion of the Court
Mason, Ch. J.
The first question presented to us is, whether a payment was made by the defendant upon these securities which will take the case out of the Statute of Limitations. The circumstances are not very creditable to the plaintiff. He sought and obtained the night’s lodging with the view of overreaching the defendant, and, without his consent, gaining an advantage; and, when he disclosed the object of his visit, the defendant did not consent to his paying for his lodging by a credit on the debt. The case wants the very first element of a valid payment to take the case out of the…
2Cited by24 opinions
- Webb v. HoseltonNebraska Supreme Court · 1876
- Lilly v. DunnIndiana Supreme Court · 1884
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Browne v. BrowneSupreme Court of Florida · 1880
- Renard v. BrownNebraska Supreme Court · 1878
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