Bayliss v. Street
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. Action upon a promissory note. Defense, the statute of limitations. The note became due more than ten years prior to the commencement of the action, but the plaintiffs claim that the cause of action has been revived by a written admission. There was a judgment for plaintiffs. Defendant appeals.
1Opinion of the CourtAdams, J.
l statute of admissionVevmngcieM. — The written admission relied upon is contained in a letter written by defendant to plaintiffs in 1871, in answer a letter written by them to him requestin§ payment of the note. The letter written by defendant to plaintiffs contains, among other expressions, the following: “I am sorry I cannot pay you now. *628I liad expected to pay you this fall, but owing to scarcity of money I cannot. It is a long, weary time I have been paying those debts, and am not through yet. I hope to live to pay you, and hope to do so next spring. But I have provided that in case I die…
2Cases cited3 opinions
- Penley v. WaterhouseSupreme Court of Iowa · 1856
- Ayres v. BaneSupreme Court of Iowa · 1874
- Frisbee v. SeamanSupreme Court of Iowa · 1878
3Cited by13 opinions
- Beneficial Finance Company of Waterloo v. LamosSupreme Court of Iowa · 1970
- Senninger v. RowleySupreme Court of Iowa · 1908
- Burns v. BurnsSupreme Court of Iowa · 1943
- Ingram v. HarrisSupreme Court of Virginia · 1939
- Koht v. DeanSupreme Court of Iowa · 1935
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