Rhodes v. Hadfield

Decided May 15, 1825

Assumpsit by the indorsee of the defendant’s promissory note for $132, dated November 19, 1814, payable with interest, two years after date, to the order of W. Rhodes, father of the plaintiff. The present action was commenced on the 4th of September, 1822. The defendant pleaded non assumpsit and the statute of limitations. At the bottom of the note was written the following receipt: “ February 12, 1821, received $5 on the above.

Decided 1825-05-15

The CouRT(Cranch, C. J., contra,)

¶1was of opinion, that this was such an acknowledgment of the debt as takes it out of the statute.

¶2The note was made payable to W. Rhodes, the father of the plaintiff, who died. His widow presented the note in 1821 to the defendant, who paid five dollars, and promised to pay the residue, if time should be given. The payment of the five dollars was indorsed on the note as being paid to her as administratrix, and *567she indorsed it as administratrix to the plaintiff. There was no other evidence of her being administratrix.

¶3Mr. Worthington, for the plaintiff, contended, and

¶4The Court (Cranch, C. J., doubting,) decided, that no other evidence was necessary to prove her right to indorse the note.

¶5Verdict for the plaintiff.