Craig v. Callaway County Court
Supreme Court of Missouri
APPEAL FROM CALLAWAY CIRCUIT COURT. 1st. The bond having been made payable to the present plaintiffs in their official capacity, suit should have been commenced in the name of the present justices of the county court. 2d. In order to take a case out of the statute of limitations, there must be such a promise, coupled with the original consideration, would create a new and subsisting debt. 6 Mo. Rep. p. 21. 3d.
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APPEAL FROM CALLAWAY CIRCUIT COURT. 1st. The bond having been made payable to the present plaintiffs in their official capacity, suit should have been commenced in the name of the present justices of the county court. 2d. In order to take a case out of the statute of limitations, there must be such a promise, coupled with the original consideration, would create a new and subsisting debt. 6 Mo. Rep. p. 21. 3d. The promise or undertaking of one of two joint obligors, will not take the case out of the statute of limitations as to the other. Hathaway vs. Haskel, 9 Pick. R. 42; Exetor Bank vs.…
1Dissent
McBride, judge,
dissenting.
The evidence in the case shows that although the bond in suit had *98been executed and due near fourteen years before the institution of the action, yet interest had been paid thereon by Cook, the principal, within the last ten years, and that a short time prior to the commencement of the action, Cook admitted that the bond had not been paid and promised to use exertion to pay it. • Now, how far do the acts of Cook affect the legal rights of Craig the defendant. Craig is entitled to the benefit of the statute of limitations unless the payment of interest by, or the…
2Cases cited2 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Stanton v. StantonSuperior Court of New Hampshire · 1822