Supreme Judicial Court of Maine, 1849

Estes v. Blake

Estes v. Blake
Supreme Judicial Court of Maine · Decided July 1, 1849 · Orally, Wells
30 Me. 164

Estes v. Blake

Opinion of the Court

Wells, J. orally.

— A payment upon a note within six years of the commencement of the suit, extends its vitality to six years after such payment. So a payment made upon a witnessed note, gives it new life for the next twenty years. The principle is the same in both cases. The payment is an acknowledgment, that it is an existing note, and operates to destroy the operation of the statute of limitations for that period, and negatives a presumption of payment, from mere lapse of time. Judgment for plaintiff.

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