Ayer v. Hawkins
Supreme Court of Vermont
Assumpsit upon three promissory notes. Pleas, the general issue and statute of limitations, and trial by jury, — Redfield, J., presiding. On trial it appeared that the notes were executed more than six years previous to the commencement of the action.
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Assumpsit upon three promissory notes. Pleas, the general issue and statute of limitations, and trial by jury, — Redfield, J., presiding. On trial it appeared that the notes were executed more than six years previous to the commencement of the action. The plaintiff then proved a conversation between himself and the defendant, in which the defendant in effect admitted, that he had paid twenty dollars to the plaintiff in 1841, — that the plaintiff, in the same conversation, told the defendant he had indorsed the money upon the notes, and asked defendant if he had done right in so doing, — and…
1Opinion of the Court
•The opinion of the court was delivered by
Royce, J.
The questions saved for the consideration of this ■ court relate exclusively to the second ground of defence; — 1, Whether the facts appearing in the case were sufficient to warrant the implication of a new promise to pay all or any of the notes in suit, — and •2, Whether the plaintiff could avoid the effect of the statute as to all *29the notes, by dividing and distributing the payment in the manner-which the case discloses.
It has been too long settled to admit of present discussion, that part payment of a debt barred by the statute, if made…
2Cited by19 opinions
- Engmann v. Estate of ImmelWisconsin Supreme Court · 1884
- Anderson v. NystromSupreme Court of Minnesota · 1908
- Beck v. HaasSupreme Court of Missouri · 1892
- Moore v. OhlIndiana Court of Appeals · 1917
- Pierce, Clark & Co. v. KnightSupreme Court of Vermont · 1859
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