Boyd v. Hurlbut
Supreme Court of Missouri
Error to the Fifth District Court. I. There is no question that the statute of limitations operates as a bar to a recovery of the note sued on, unless a new promise sufficient to take the case out of the operation of the statute has been shown. II.
Read the full summary
Error to the Fifth District Court. I. There is no question that the statute of limitations operates as a bar to a recovery of the note sued on, unless a new promise sufficient to take the case out of the operation of the statute has been shown. II. No new promise has been shown to defeat the effectual bar set up under the statute of limitations; the promise relied on is not sufficient — Ang. on Lim. §§ 219-25 ; 3 Mo. 155; 5 208.;. 6 Mo. 21; 23 U. S. D. 386, §§ 102-3 ; Moore v. Bank of Columbia, 6 Pet. 86, and authorities; 1 Pet. 351. The new promise must be in writing, and passed upon by the…
1Opinion of the CourtWagner, Judge
Plaintiff brought his suit in Platte county on a promissory note, made by defendant’s intestate, and on the trial the statute of limitations was pleaded as a defence. To remove the obstacle interposed by the statute, the plaintiff introduced letters written by the maker of the note to the payee in his lifetime acknowledging an indebtedness, and stating that he was making arrangements and hoped to be able to pay three hundred dollars by the first of January then next ensuing after the date of the letter, and several hundred dollars each year thereafter. The note was for upwards of sixteen…
2Cases cited5 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Lord v. ShalerSupreme Court of Connecticut · 1819
- Shippey v. HendersonNew York Supreme Court · 1817
- Elliott v. LeakeSupreme Court of Missouri · 1838
- Buckner v. JohnsonSupreme Court of Missouri · 1835
3Cited by14 opinions
- Hanson v. TowleSupreme Court of Kansas · 1877
- Bridges v. StephensSupreme Court of Missouri · 1896
- Chidsey v. PowellSupreme Court of Missouri · 1887
- Chambers v. RubeySupreme Court of Missouri · 1870
- Berryman v. BeckerMissouri Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.