Monroe v. Herrington
Missouri Court of Appeals
Appeal from. Jefferson Circuit Court. — Eon. Frank R. Bearing, Judge. (1) No payment having been made by defendant Herrington on tbe note in suit witbin ten years prior to the date of the institution of plaintiff’s suit, there can be no recovery. R. S. 1899, sec. 4294; Maddox v. Duncan, 143 Mo. 613, 45 S. W. 688; Regan v. Wiliams, 88 Mo. App. 577; Corbyn v. Brockmeyer, 84 Mo. App. 653. (2) Nor can defendant Herrington be held liable upon an acknowledgment of tbe debt.
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Appeal from. Jefferson Circuit Court. — Eon. Frank R. Bearing, Judge. (1) No payment having been made by defendant Herrington on tbe note in suit witbin ten years prior to the date of the institution of plaintiff’s suit, there can be no recovery. R. S. 1899, sec. 4294; Maddox v. Duncan, 143 Mo. 613, 45 S. W. 688; Regan v. Wiliams, 88 Mo. App. 577; Corbyn v. Brockmeyer, 84 Mo. App. 653. (2) Nor can defendant Herrington be held liable upon an acknowledgment of tbe debt. Sucb acknowledgment to remove tbe bar of tbe statute must be in writing and contain an unqualified admission of a present…
1Opinion of the CourtGoode, J.
— Action on tbe following promissory note:
“$250.00 Hillsboro, Mo., May 4th, 1889.
“One (1) year after date we, or either of us, promise to pay to Millard P. Herrington, or order, tbe sum of two hundred and fifty dollars ($250) for value received, with interest from date at tbe rate of .ten (10) per cent per annum, and if interest be not paid annually to become as principal and bear tbe same rate of interest.
“(Signed) Mary A. Craft,” and eight other names.
*511The note was signed on its face by Mary A. Craft and eight other makers. It was indorsed on the back as follows:
“J. H. Morse,
“Henry Stelbrink,
2Cases cited13 opinions
- Bridges v. StephensSupreme Court of Missouri · 1896
- Gaylord v. Van LoanNew York Supreme Court · 1836
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Hill v. Hilliard & Co.Supreme Court of North Carolina · 1889
- Chidsey v. PowellSupreme Court of Missouri · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Branner v. KlaberSupreme Court of Missouri · 1932
- McKay v. McCarthySupreme Court of Iowa · 1909
- Tarlor v. StateCourt of Appeals of Georgia · 1931
- Marshall-Wells Hardware Co. v. Title Guaranty & Surety Co.Washington Supreme Court · 1916
- St. Joseph & Grand Island Railway Co. v. Elwood Grain Co.Missouri Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.