Legal Opinion

Chaves v. Chaves

New Mexico Supreme Court

Decided January 13, 1885Published

Appeal from the Second judicial district court, Bernalillo county..

1Opinion of the CourtAxtell, C. J.

Plaintiff brought suit on a promissory note. Defendant pleaded non-assumpsit and set-off. Plaintiff joined issue as to. the plea of non-assumpsit, and filed replications to the matters of set-off that said supposed counts of set-off did not accrue within either six or ten years. Defendant introduced proof of subsequent promises, which he claimed took it out of the statute, after the evidence, had all gone to the jury. The court, upon the request of the plaintiff, instructed the jury that defendant had failed to sustain his plea, of set-off, and directed a verdict for plaintiff. Defendant…

2Cases cited4 opinions

  1. Pleasants v. FantSupreme Court of the United States · 1875
  2. Bank of United States v. SmithSupreme Court of the United States · 1826
  3. Parks v. RossSupreme Court of the United States · 1851
  4. Manchester v. EricssonSupreme Court of the United States · 1882

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