9 R.I. 500
Decided October 6, 1870
Supreme Court of Rhode Island · decided 1870-10-06
Assumpsit against the defendant as guarantor of a promissory note made by one Welcome Tucker for $250 with interest. The defendant pleaded the statute of limitations, to which the plaintiff replied, first, that the maker had made a new promise within six years ; and second, that after making the note the maker went out of the state, and remained out for six years, the guarantor, however, remaining here. To these replications the defendant demurred generally.
Cited by 1 later decisions — most recently April 1933
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1870-10-06
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¶1 These replications must both be overruled. A new promise made by the maker of a promissory note, after the statute of limitations has once commenced to run against it, does not revive the note as against the guarantor, nor does the *501 absence of the maker from the state bar the operation of the statute in favor of a guarantor who remains therein, and against whom there exists a separate cause of action.
¶2 Demurrer sustained.