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.

Beneficial Finance Co. v. Dixon

October 16, 1974

BENEFICIAL FINANCE CO., PLAINTIFF,
v.
MARGARET KELLEHER DIXON AND THOMAS DIXON, DEFENDANTS



Albano, J.d.c.

Albano

At the request of the parties, this action has been bifurcated. Liability depends on the resolution of a question of law, given various stipulated facts.

The facts stipulated:

1. On May 6, 1963 defendants Margaret Kelleher and Thomas Dixon signed a note and security agreement in which they promised to repay a sum of money in monthly installments.

2. Plaintiff is the holder of that note.

3. Required monthly payments were made for a period of time.

4. The last payment was made on or about September 25, 1964.

5. The debt has not been paid in full and a balance is due.

6. The complaint in this action was filed on or about November 15, 1973, more than nine years after the last monthly payment was made.

The question of law: Is the six-year or the 16-year statute of limitations applicable? Obviously, if the six-year statute of limitations applies, the action is barred, but if the 16-year statute applies, the action is not barred.

For the purpose of determining the question of law only the concluding parts of the note need to be considered. The note is a printed form, and the last paragraph, the witness lines and the signatory lines appear as follows:

IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the date ...


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.