Jenckes v. Rice
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. O. P. Holmes, Judge. This is an action at law to recover on the following instrument: “$2,000.00. Des Moines, Iowa, May4th, 1890. Six months after date, for value received, we jointly and severally, as principal, promise to pay to the order of Spencer M. Rice the sum of two thousand dollars, with interest at the rate of ten per cent, per annum from date if not paid at maturity, and attorney’s fees if suit is instituted'upon this note.
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Appeal from Polk District Court. — Hon. O. P. Holmes, Judge. This is an action at law to recover on the following instrument: “$2,000.00. Des Moines, Iowa, May4th, 1890. Six months after date, for value received, we jointly and severally, as principal, promise to pay to the order of Spencer M. Rice the sum of two thousand dollars, with interest at the rate of ten per cent, per annum from date if not paid at maturity, and attorney’s fees if suit is instituted'upon this note. This note is given to secure S. M. Rice against the loss of $2,000 subscription in the syndicate of the Gray’s Harbor…
1Opinion of the CourtSherwin, J.
Removal of promise to pay: suspension of statute of limitation. The defendant Jphn E. Rice was a resident of the state of Washington when he executed the instrument in suit, and has ever since resided there, while the plaintiff was then and still is a resident of Indiana. We need not determine, however, whether the action was barred by the Washington statute pleaded and proven, because we find that such bar, if it ever existed, was removed by the defendant’s new promise in writing to pay in his letter to Spencer M. Rice under date of February 24, 1893, in which he said, “I cannot tell where I…
2Cases cited10 opinions
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- Whitteker v. Charleston Gas Co.West Virginia Supreme Court · 1880
- E. F. Hallack Lumber & Manufacturing Co. v. GraySupreme Court of Colorado · 1893
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