Superior Court of Delaware, 1836

Durham v. Greenly

Durham v. Greenly
Superior Court of Delaware · Decided July 5, 1836 · Black
2 Del. 124

Counsel

Ridgely , for plaintiff. Brinckloe , for defendant.

Durham v. Greenly

Opinion of the Court

Black, Justice,

charged the jury:

That if the holder of a bond allows it to stand for twenty years, without any demand for payment, either in whole or in part, the law presumes the bond to be paid or satisfied. But this is a mere presumption, and may be rebutted by facts or circumstances, such as payment of interest, or other acknowledgment that the debt is unpaid. 1 Phil. Ev. 114; 2 Stark. 310; 1 Wheat. Selw. 423; 1 Stark. Rep. 81; 1 Yeates’ Rep. 584; 4 East, 599; 16 do. 420. The jury are to judge of the extent of defendant’s admissions as an acknowledgment that this bond had not been paid.

Verdict for plaintiff.

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