Kelley v. Telle
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Edgar E. Bryant, Judge. The acknowledgment, in the letter of appellee, that the note was due, and his promise to pay same, are explicit, and were sufficient to toll the statute of limitations. 10 Ark. 134; 18 S. E. 504; 22 Pick. 291; 107 N: Y. 346. Nor was the concluding clause of the sentence a condition attached to the acknowledgment. 9 Exch. 282. Appellant has no standing-in this court, because there was no motion for a new trial nor…
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Appeal from Sebastian Circuit Court. Edgar E. Bryant, Judge. The acknowledgment, in the letter of appellee, that the note was due, and his promise to pay same, are explicit, and were sufficient to toll the statute of limitations. 10 Ark. 134; 18 S. E. 504; 22 Pick. 291; 107 N: Y. 346. Nor was the concluding clause of the sentence a condition attached to the acknowledgment. 9 Exch. 282. Appellant has no standing-in this court, because there was no motion for a new trial nor bill of exceptions. 36 Ark. 491; 38 Ark. 568; 2 Ark. 14; 26 Ark. 503; 22 Ark. 224. The presumption is in favor of the…
1Opinion of the CourtBunn, C. J.
The note sued on in this ease was signed by the appellee, in Choctaw Nation, Indian Territory, on the 10th of January, 1888, and was payable on demand, and delivered to payee in Port Smith, Ark., for money loaned there. No demand was made until the institution of the suit, which was on the 6th day of October, 1893, more than five years after the execution of the note. On the 8th of February, 1890, defendant, Telle, addressed a letter to plaintiff’s intestate at Fort Smith, Ark., from Atoka, Indian Territory, in which the defendant and appellee definitely and unconditionally admitted the…
2Cited by2 opinions
- Taylor v. CheairsSupreme Court of Arkansas · 1930
- Public Loan Corp. v. WeaverSupreme Court of Arkansas · 1954