Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bassett v. Christensen

Decided: September 19, 1941.

NEAL BASSETT, PLAINTIFF-APPELLANT,
v.
WALTER J. CHRISTENSEN, DEFENDANT-APPELLEE



On appeal from the Supreme Court.

For the defendant-appellee, Frank P. Zimmer.

For the plaintiff-appellant, Samuel D. Williams.

Wolfskeil

The opinion of the court was delivered by

WOLFSKEIL, J. Appellant is the holder of a note made by respondent, which is dated April 27th, 1931, and was made payable on demand. Suit on the note was commenced on September 26th, 1940. Defendant-respondent pleaded the statute of limitations, R.S. 2:24-1, 9. Judgment was entered for the defendant on an order denying plaintiff-appellant's motion to strike the answer, and the appeal is from that order.

None of the facts are in dispute. The issue in substance is whether a letter written by respondent to the appellant before the statutory limitation period had tolled effected a revival of the obligation. The letter was as follows:

"Thursday, June 20th, 1935.

Dear Mr. Bassett:

My record of the indebtedness to you is as follows: Original loan $2,000 dated June 8th, 1929 -- Interest paid to you $300. New note to Miss Neal is dated from the date of last interest payment -- which was April 27th, 1931.

I am sending this to you by mail due to the fact I will not be home on Saturday.

Mr. Bassett I have an appointment for next week regarding whether or not I can secure a second mortgage on my home, and if so for the amount I can secure. I would like very much to again discuss the subject with you after I have something definite to offer -- I will call you by phone and make an appointment at your convenience.

Looking forward to seeing you again ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.