Durham v. Greenly

Superior Court of Delaware

Durham v. Greenly

2 Del. 124

DecidedJuly 5, 1836

StatusPublished

This text of 2 Del. 124 (Durham v. Greenly) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Durham v. Greenly, 2 Del. 124 (Del. Ct. App. 1836).

Pincite

Opinion

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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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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Bluebook (online)

2 Del. 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durham-v-greenly-delsuperct-1836.