Butler v. Price

A part payment made by a woman on her husband’s promissory note will not take it out of the statute of limitations, in the absence of evidence that he authorized her to make the payment. Evidence that the holder of a promissory note wrote to the maker demanding payment, and that in reply the wife of the maker wrote a letter inclosing money in part payment of the note, is not sufficient evidence that the maker authorized the payment, to take the case out of the statute of limitations, or that he authorized the writing of the letter, so as to make its contents admissible against him.

Contract on a promissory note dated April 9, 1860, signed by the defendant, and payable to Roxanna Blinn or bearer. Writ dated October 1, 1870. The answer set up the statute of limitations. After the decision of this court reported 110 Mass. 97, the case was tried in the Superior Court before Wilkinson, J, The plaintiff, for the purpose of taking the case out of the statute of limitations, relied upon a part payment of $25 made on February 11, 1865, and introduced evidence that the $25 were sent to Roxanna Blinn, who was then the holder of the note, in a letter written by the defendant’s wife. This letter, dated February 8,1865, appears in the report of the case, 110 Mass. 97. There was also evidence that this letter was written in reply to a letter sent to the defendant, demanding money. The defendant asked the presiding judge to instruct the jury that the mere fact that a letter was sent to the defendant asking for money upon the note, and that a letter came back containing money, and purporting to be signed by his wife, with a request that it be applied in part payment of the note, was not enough to warrant the jury in finding that the defendant authorized such payment. The presiding judge declined so to rule; but submitted the case to the jury upon instructions not excepted to, leaving it to the jury to determine whether the defendant authorized the payment relied upon by the plaintiff. The jury returned a verdict for the plaintiff, and the defendant alleged exceptions.