Ray v. McConnell
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The law is, that it is necessary in order to remove the bar of the statute to show, either by proof that the credit was actually made by the owner of the note, or by his direction at a time when the note was not barred, or by more direct evidence that the judgment was by the maker at such time.
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Appeal from Greene County Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The law is, that it is necessary in order to remove the bar of the statute to show, either by proof that the credit was actually made by the owner of the note, or by his direction at a time when the note was not barred, or by more direct evidence that the judgment was by the maker at such time. If it be shown that the credit was endorsed on the note by the holder at a time when it was not barred, and consequently was against his interest to have made it, this furnishes prima-facie evidence that the payment was made at…
1Opinion of the Court
STURGIS, J.,
This is a suit on two promissory notes for one hundred and fifty dollars ($150), each,, signed by defendants and payable to plaintiff’s intestate. The notes are dated May 7, 1888, payable one-day after date. The suit was commenced on duly 14,, *4021913, and the defense is the Statute of Limitations. The plaintiff relies on certain payments endorsed on the notes as being sufficient to take the case out of such statute. On one of the notes the following, payments appear endorsed thereon: August 27, 1896, $15; July 9, 1897, $18; May 12, 1902, $25; March 1, 1904, $25; December 21,…
Also in this document: Concurrence.
2Cases cited8 opinions
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Haver v. SchwyhartMissouri Court of Appeals · 1890
- Berryman v. BeckerMissouri Court of Appeals · 1913
- Crow v. CrowMissouri Court of Appeals · 1907
- Briscoe v. HuffMissouri Court of Appeals · 1898
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