¶1orally. —There is no valid objection to the admissibility of the Avitness. It is not a sound principle that, in order to take a note from the operation of the statute, the indorsement must be made in the handwriting of the debtor. It is the fact of the part-payment within six years from the commencement of the suit, which has that effect. Such a payment is distinctly shown by the testimony, Avhich it is admitted William Evans would give. Defendant defaulted.
34 Me. 33
Evans v. Smith
Supreme Judicial Court of Maine
Decided July 1, 1852
Supreme Judicial Court of Maine · decided 1852-07-01
<p>A part payment by the maker of a promissory note, -within sis years before the commencement of an action upon it, takes it from the operation of the limitation bar.</p> <p>The payee of a negotiable note, who has indorsed it without recourse, and has received from the indorsee a release of all liabilities in connection with the note, is a competent witness for the indorsee to prove that, before the note was indorsed, the maker paid a part of it, and thus to remove the limitation bar.</p>
Cited by 1 later decisions — most recently November 1872
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1852-07-01
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