Phillips v. Mahan
Supreme Court of Missouri
Error to Marion Circuit Court. “ A credit given by plaintiff, on an account which would otherwise be barred on its face, without proof of payment by defendant does not take the debt out of the operation of the statute of limitations.” (Taylor & McDonald, 2 Eep. Con.
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Error to Marion Circuit Court. “ A credit given by plaintiff, on an account which would otherwise be barred on its face, without proof of payment by defendant does not take the debt out of the operation of the statute of limitations.” (Taylor & McDonald, 2 Eep. Con. Ct., cited in Yol. 4, U. S. Dig., p. 813, § 482.) “ The indorsement on a note of part payment, made by the holder and uncorroborated by other evidence of payment, is not sufficient evidence to take the note out of the statute of limitations.” (Connelly & Pierson, 4 Gilm., 108.) The following decisions show the strictness with…
1Opinion of the CourtEwing, Judge
This suit originated before a Justice of the Peace and was founded on a note executed by the defendant to plaintiff, where there was a judgment for plaintiff, from which an appeal was taken to the Circuit Court,and a judgment being again rendered for plaintiff, defendant brings the cause to this court by writ of error.
The defense to the action was the plea of the statute of limitations. The note sued on was dated January 1, 1858, due one day after date, and summons was issued February 27, 1869. On the note appears a credit as follows, “ by amount paid on barrel of flour, $6, March 20, 1859.”…
2Cited by14 opinions
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Goddard v. William's AdministratorSupreme Court of Missouri · 1880
- Johnson v. JohnsonSupreme Court of Missouri · 1884
- Lawson v. MeffertSupreme Court of Missouri · 1921
- Crow v. CrowMissouri Court of Appeals · 1907
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