Johnson v. Buckner

Decided May 15, 1837

Supreme Court of Missouri · decided 1837-05-15

Statement of the case,and opinion of the court, delivered by Tompkins, Judge. Johnson brought his action in the circuit court against Buckner, charging, that on the tenth day of March, in the year 1821? Buckner made his promissory note to the plaintiff’s intestate,-by which be, Buckner, promised to ■pay the intestate the sum of ninety-three dollars and twenty-two cents, on the first day of October, then next. The.'defendant pleaded first — the general issue.

Decided 1837-05-15

¶1Opinion, delivered by

Tompkins, Judge.

¶2On the part of the plaintiff in error, it is contended, that the promissory note declared on, being made bie seven months alter the date thereof, the plea should have been, that the plaintiff’s right of action did not crue within ten years, &c. And such seems to be the rule ol pleading ma case like this; — see Hodsden vs. Harridge, 2 Saunders, p. 636, note 5. It seems to us that the circuit court committed error in overruling f he demurrer to the second plea of the defendant. Its judgment is therefore reversed, and the cause remanded.