¶1— A payment upon a note within six years of the commencement of the suit, extends its vitality to six years after such payment. So a payment made upon a witnessed note, gives it new life for the next twenty years. The principle is the same in both cases. The payment is an acknowledgment, that it is an existing note, and operates to destroy the operation of the statute of limitations for that period, and negatives a presumption of payment, from mere lapse of time. Judgment for plaintiff.
30 Me. 164
Estes v. Blake
Supreme Judicial Court of Maine
Decided July 1, 1849
Supreme Judicial Court of Maine · decided 1849-07-01
Assumpsit, upon a witnessed note, payable more than twenty years before the commencement of this suit, on which a part payment had been made, within said twenty years. The plaintiff’s right arising from the partial payment of a note, is upon the promise, implied by law from such payment, and not upon the original note. Such an implied promise, is a new cause of action. Little v. Blunt, 9 Pick. 448 ; Barrett v. Barrett, 8 Greenl. 353; Greenl. Ev. % 440.
Decided 1849-07-01