The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 23
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...the case to stand for trial. The case was argued in September, 1875, and re-argued in April, 1876. ill. P. Knowllon, for plaintiff. H. Morris, for defendant. ENDIOOTI', J. The indorsements on the notes in the handwriting of the defendant, to the effect that $50 had been received on each note, were prima facie evidence of actual payments, sufficient to prevent the operation of the statute of limitations. Sibley v. Phehrs, 6 Cush. 172. They were in the nature of receipts that so much money had been paid by the defendant and received by the plaintiff. But they were only priima facie evidence, which could be rebutted by proof that the transaction was merely colorable or incomplete, and that no money had in fact been paid. A receipt or indorsement is always open to explanation. It is merely evidence of a fact, and may be explained or contradicted by either party. Hildreth v. 0'Brz'en, 10 Allen, 104; Foster v. Dawber, 6 Exch. 839, 848; M'0'rea v. Pm-mart, 16 Wend. 460, 473. The defendant ofiered evidence that no money was paid at the time of the indorsements, or at any time. This was not denied by the plaintifi; but he offered to prove that it was agreed, when the indorsements were made, that, as between the parties, they should be deemed to be a payment of $50 on each note, and that such payment should have the effect to take the notes out of the statute Blanchard v. Blanchard. of limitations, when six years from their date had passed; and that the plaintifi might be relieved from suing the notes within the six years, upon which agreement the plaintiff relied, and did not bring his action until after the expiration of six years from their date. The notes were dated in July, 1863, and it appeared by the testimony of the...
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