Cook's v. Holmes
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. This was a suit commenced by attachment by Mason Eris-sell as executor of Nathaniel Cook, who was the surviving administrator of the estate of Thomas Maddin, deceased. The suit was on a promissory note for eight hundred and ten dollars, executed by defendants in favor of Nathaniel Cook and Richard Maddin, administrators of Thomas Maddin. The note was dated July 10, 1839, and was payable twelve months after date.
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Appeal from Ste. Genevieve Circuit Court. This was a suit commenced by attachment by Mason Eris-sell as executor of Nathaniel Cook, who was the surviving administrator of the estate of Thomas Maddin, deceased. The suit was on a promissory note for eight hundred and ten dollars, executed by defendants in favor of Nathaniel Cook and Richard Maddin, administrators of Thomas Maddin. The note was dated July 10, 1839, and was payable twelve months after date. It appeared in evidence that the defendants left the state of Missouri publicly with their families in the year 1845 and have since resided…
1Opinion of the CourtNapton, Judge
This was a suit upon a note and a plea of the statute of limitations. About four or five years after the cause of action accrued, the defendants removed with their families to Arkansas, and have resided there ever since, having made, however, occasional visits to this state in the interim. The question is whether the plea of ten years since the cause of action accrued is, under such circumstances¿ a bar, and we think it is not.
The statute of 1835, which governs this case, provided that “ if, after a cause of action shall have accrued, such person depart from and reside out of this state, the…
2Cases cited2 opinions
- Thomas v. BlackSupreme Court of Missouri · 1856
- Nelson v. BeveridgeSupreme Court of Missouri · 1855
3Cited by10 opinions
- Block v. DormanSupreme Court of Missouri · 1872
- Johnson v. SmithSupreme Court of Missouri · 1869
- Fidelity and Deposit Co. of Md. v. BoundyMissouri Court of Appeals · 1942
- Tittman v. ThorntonSupreme Court of Missouri · 1891
- Rhodes v. FarishMissouri Court of Appeals · 1885
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